The Thirteenth (1865), Fourteenth (1868) and Fifteenth (1870) Amendments each end with a grant of power: "Congress shall have power to enforce this article by appropriate legislation." These enforcement clauses were a major shift in federalism, giving Congress power to act against the states to protect rights. The questions are how far "enforce" reaches, and who decides what the amendments mean.
Why it works
Key idea
Worked example: What Shelby County did and did not do
- Section 4(b), the coverage formula, was struck down.
- Section 5 preclearance was not itself held invalid, but with no formula it applies to no one unless Congress writes a new one.
- Section 2, which bans voting practices that discriminate on account of race nationwide, remained in force.
Answer: Section 2 and the rest of the Act still operate; preclearance is dormant without a formula.
Worked example: Who decides what the amendment means?
- Boerne says Congress may remedy or prevent violations of the right as the Court defines it, not redefine the right.
- The court compares the injury Congress identified with the remedy it chose.
- A sweeping remedy with little record of violations looks like a new rule, not enforcement.
Answer: Whether the law is congruent and proportional to a record of constitutional violations; without one, the law likely fails, as RFRA did.
Common mistake
Also remember Morrison (2000): Section 5 reaches state action, not private conduct. For the history of the Reconstruction amendments, see U.S. History I.