Amendment XIV, Section 5
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Debates in Congress
- quoted bySuggestedHouse, June 13, 1866 (2), ¶ 78
And the last section provides that Congress shall h ve power to enforce by appropriate legislation the provisions of this article.
The paragraph gives the words of the last section of the joint resolution, "to enforce by appropriate legislation the provisions of this article", which appear in Section 5 of the Fourteenth Amendment.
- quoted bySuggestedHouse, June 13, 1866 (2), ¶ 122
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
The paragraph gives the fifth section of the joint resolution as amended by the Senate, and its words appear in Section 5 of the Fourteenth Amendment.
- quoted bySuggestedHouse, May 10, 1866 (2), ¶ 22
The Congress shall have power to enforce by appropriate legislation the provisions of this article. The necessity for the first section of this amendment to the Constitution, Mr.
The paragraph gives the words of the fifth section of the amendment reported by the committee, and they appear in Section 5 of the Fourteenth Amendment.
- quoted bySuggestedHouse, May 10, 1866 (2), ¶ 107
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
The paragraph gives the fifth section of the joint resolution as read the third time, and its words appear in Section 5 of the Fourteenth Amendment.
- quoted bySuggestedHouse, May 8, 1866 (3), ¶ 174
The Congress shall have power to enforce by appropriate legislation tlie provisions of this article.
The paragraph gives the words of the fifth section of the joint resolution, and they appear as Section 5 of the Fourteenth Amendment ("tlie" is an OCR misreading of "the").
- quoted bySuggestedHouse, May 9, 1866, ¶ 57
Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
The paragraph gives the words of Section 5 of the joint resolution as reported, and they appear in Section 5 of the Fourteenth Amendment.
- quoted bySuggestedHouse, May 9, 1866 (4), ¶ 23
And the fifth section gives Congress the power to enforce by appropriate legislation the provisions of this article.
The paragraph gives the words of the fifth section of the proposed article, and they appear in Section 5 of the Fourteenth Amendment.
- quoted bySuggestedHouse, May 9, 1866 (5), ¶ 10
The Congress shall have power to enforcby appropriate legislation the provisions of this article.
The paragraph gives the words of Section 5 of the proposed amendment, and they appear in Section 5 of the Fourteenth Amendment (the scan runs "enforce, by" together as "enforcby").
- quoted bySuggestedHouse, January 23, 1869, ¶ 115
Then, sir, by the fifth section of the fourteenth article, Congress has power to enforce by appropriate legislation the provisions of the article.
The paragraph cites "the fifth section of the fourteenth article" and gives its words, that Congress has "power to enforce by appropriate legislation the provisions of the article".
- cited bySuggestedHouse, January 23, 1869, ¶ 122
It was uncertain when Congress would exercise the power conferred by the fifth section of the fourteenth amendment, and in order that the States should not take advantage of their own wrong during the period while Congress might be inactive a penalty was provided.
The paragraph cites "the fifth section of the fourteenth amendment".
- cited bySuggestedHouse, January 23, 1869, ¶ 126
It might require time before Congress could exercise its powers under the fifth section, and the country meant to say that while this state of things continued—a state of things unjust and contrary to the Constitution—the States should not have the benefit of…
The paragraph refers to the powers of Congress "under the fifth section" of the Fourteenth Amendment.
- cited bySuggestedHouse, March 23, 1971, ¶ 239
…to those 18 years of age-any more than the continuing denial of the vote to those 17 years of age--ls a denial of equal protection of the laws, or that Section 5 Of the 14th Amendment grants to the Congress any power to adopt legislation against such an alleged denial of equal protection.
The paragraph cites section 5 of the 14th amendment by number.
- quoted bySuggestedSenate, June 4, 1866, ¶ 28
The sixth and last section provides that Congress shall have power to enforce, by appropriate legislation, the provisions of the article.
The paragraph gives the words of the last section of the joint resolution; they appear unchanged in Section 5 of the Fourteenth Amendment.
- quoted bySuggestedSenate, June 8, 1866, ¶ 235
The Congress shall have power to enforce, by appropriate legislation, the provisions of these articles.
The paragraph gives the words of the last article of Mr. Doolittle's substitute; this run of 13 words appears unchanged in Section 5 of the Fourteenth Amendment.
- quoted bySuggestedSenate, May 23, 1866, ¶ 8
Tim Congress shall have power to enforce o by appropriate legislation the provisions of this article.
The paragraph gives the words of section 5 of the joint resolution as read; this run of 8 words appears in Section 5 of the amendment, which adds a comma.
- quoted bySuggestedSenate, May 23, 1866, ¶ 22
This is done by the fifth section of this amendment, which declares' that" the Congress shall have power to enforce by appropriate legislation the provisions of this article." Here is a direct affirmative delegation of power to Congress to carry out all the principles of all these guarantees, a power not found in the Constitution.
The paragraph quotes the fifth section of the joint resolution, "the Congress shall have power to enforce by appropriate legislation the provisions of this article"; the same words appear in Section 5 of the amendment, which adds commas.
- quoted bySuggestedSenate, May 23, 1866, ¶ 80
The Congress shall have power tocnforce by appropriate legislation the provisions of this article.
The paragraph gives the words of section 4 of Mr. Wade's proposed substitute; the same words appear in Section 5 of the amendment ("tocnforce" is an OCR misreading of "to enforce", and the amendment adds commas).
- cited bySuggestedSenate, February 5, 1869 (2), ¶ 63
…known as article XIV, which declares peremptorily, that" no State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States," and again Congress is empowered to enforce this provision.
The paragraph says that under article XIV "Congress is empowered to enforce this provision"; only Section 5 of the Fourteenth Amendment fits.
- cited bySuggestedSenate, February 8, 1869 (2), ¶ 536
Does the Senator take into view the clause of that amendment by which Congress is expressly empowered- to- enforce the amendment
The paragraph names "the clause of that amendment [the Fourteenth] by which Congress is expressly empowered to enforce the amendment"; only Section 5 fits.
- quoted bySuggestedSenate, June 12, 1911, ¶ 861
That amendment prohibits the States from denying to any person the equal protection ot the laws and declares that Congress shall have power to enforce, by appropriate legislation, the provisions ot the amendment.
The passage the speaker reads names "the fourteenth amendment" and gives the words of its fifth section, that "Congress shall have power to enforce, by appropriate legislation, the provisions" of the amendment.
- cited bySuggestedSenate, June 12, 1911, ¶ 871
The fourteenth and fifteenth amendments confer upon Congress the power to provide for their enforcement by appropriate legislation, and no additional power is needed to make them effective.
The speaker names the power of Congress under "The fourteenth and fifteenth amendments" "to provide for their enforcement by appropriate legislation", the last section of the Fourteenth Amendment.
- cited bySuggestedSenate, January 28, 1960 (4), ¶ 324
It exceeds the power of the Congress under the 14th and 15th amendments to enforce those amendments by appropriate legislation.
The paragraph names the power of Congress to enforce the 14th amendment by appropriate legislation, which is its Section 5.
- quoted bySuggestedSenate, March 19, 1962, ¶ 401
The Congress shall have power to enforce by appropriate legislation, the provisions of this article."
The paragraph quotes words of Section 5 of the Fourteenth Amendment.
- cited bySuggestedSenate, March 22, 1962, ¶ 288
Section 5 of the 14th amendment, and section 2 of the 15th amendment, authorize Congress to enforce those amendments by "appropriate legislation."
The paragraph cites section 5 of the 14th amendment by number.
- quoted bySuggestedSenate, March 22, 1962, ¶ 17
The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
The paragraph quotes words of Section 5 of the Fourteenth Amendment.
- cited bySuggestedSenate, March 23, 1962 (2), ¶ 97
…in each State by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators"), (2) section 5 of the 14th amendment (the enforcement section), (3) section 2 of the 15th amendment (the enforcement section), and Both (4) its powers to protect the integrity of the Federal electoral process, Congress has the…
The paragraph cites section 5 of the 14th amendment by number.
- cited bySuggestedSenate, March 23, 1962 (2), ¶ 130
Section 2(a) (2) states that Congress determines that the constitutional sources of its power to enact section 2 of the b111 are section 5 of the 14th amendment (the enforcement provision-to enforce the equal protection clause · in this case), and section 2 of the 15th amendment.
The paragraph cites section 5 of the 14th amendment by number.
- cited bySuggestedSenate, March 10, 1971 (3), ¶ 244
…zenbach ag ai nst Morgan- t h e court indicated that the Congress must provide the facts upon which the country can determine that the Congress has acted rationally, under section 5 of the 14th amendment.
The paragraph cites section 5 of the 14th amendment by number.
- cited bySuggestedSenate, March 10, 1971 (3), ¶ 93
(a) In the exercise of the powers of the Congress under the necessary and proper clause of section 8, article I of the Constitution and section 5 of the fourteenth amendment of the Constitution the Attorney General is authorized and directed to institute in the name of the United States such actions against States or political subdivisions, including actions for injunctive relief, as he…
The proposed section cites section 5 of the fourteenth amendment by number.
- cited bySuggestedSenate, March 9, 1971, ¶ 150
Morgan recognizes that under Section 5 of the Fourteenth Amendment, Congress has the power---and we think the responsibility-to make its own investigation and findings on the constitutionality of state voting classifications, which is conclusive if the Court can "perceive a basis upon which…
The paragraph cites Section 5 of the Fourteenth Amendment by number for the power of Congress to enforce it.
The Supreme Court
Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.
- interpreted bySuggestedThe Civil Rights Cases (1883)109 U.S. 3, decided October 15, 1883
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.S5.1, Amdt14.S5.2, pp. 2314, 2315.
- interpreted bySuggestedUnited States v. Classic (1941)313 U.S. 299, decided May 26, 1941
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.S5.1, Amdt14.S5.2, pp. 2313, 2315.
On Amendment XIV as a whole
- interpreted bySuggestedUnited States v. Classic (1941)313 U.S. 299, decided May 26, 1941
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.2, pp. 2055, 2056.
- interpreted bySuggestedJackson v. Metropolitan Edison Co. (1974)419 U.S. 345, decided December 23, 1974
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.1, Amdt14.2, pp. 2053, 2059, 2060, 2061, 2063.
- interpreted bySuggestedBlum v. Yaretsky (1982)457 U.S. 991, decided June 25, 1982
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.1, Amdt14.2, pp. 2053, 2060, 2061, 2063, 2064.
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