Congressional power of enforcement

Congressional Power of Enforcement is a constitutional authority granted to the Congress under several amendments of the U.S. Constitution. This power allows Congress to enforce the provisions of these amendments. The most notable examples of this power can be found in the Thirteenth, Fourteenth, and Fifteenth Amendments.

Thirteenth Amendment

The Thirteenth Amendment abolished slavery and involuntary servitude, except as punishment for a crime. Section 2 of the amendment grants Congress the power "to enforce this article by appropriate legislation."

Fourteenth Amendment

The Fourteenth Amendment provides for equal protection under the law and due process. Section 5 of the amendment grants Congress the power "to enforce, by appropriate legislation, the provisions of this article."

Fifteenth Amendment

The Fifteenth Amendment prohibits the denial of the right to vote based on race, color, or previous condition of servitude. Section 2 of the amendment grants Congress the power "to enforce this article by appropriate legislation."

Limitations

While the power of enforcement gives Congress the authority to enact laws to enforce the provisions of these amendments, it does not give Congress unlimited power. The Supreme Court has held that Congress's power under these enforcement clauses is remedial in nature. This means that Congress can only enact laws to prevent or remedy violations of the rights protected by the amendments, not to create new rights or expand the scope of the amendments.

See also

• United States Congress
• United States Constitution
• Thirteenth Amendment to the United States Constitution
• Fourteenth Amendment to the United States Constitution
• Fifteenth Amendment to the United States Constitution
• United States Supreme Court