Federal versus State Power - Redux · Module 13
Congressional Power Under the Civil War Amendments
Congress's power to enforce the Civil War Amendments — remedial against substantive, and the congruence-and-proportionality test that has policed the line since Boerne.
Assigned reading
Chemerinsky, Constitutional Law (7th ed. 2023) — 207–29 (continued from Module 12A). The balance of the assignment for this Module will be posted in Canvas no later than two weeks before the session.
The casebook is the assigned text for this course. This page is the map: what the Module is doing, in what order, and what goes with it.
Topics
Section 5 of the Fourteenth Amendment as a source of congressional power. Remedial versus substantive power; from Smith to Boerne. The congruence-and-proportionality test and its progeny. The Thirteenth and Fifteenth Amendments.
Reading list
0 of 8 readings published · the rest are in preparation and will appear here as they are edited
- Opinion Katzenbach v. Morgan
- Opinion City of Boerne v. Flores
- Opinion Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank
- Opinion Kimel v. Florida Board of Regents
- Opinion Board of Trustees of the University of Alabama v. Garrett
- Opinion Nevada Department of Human Resources v. Hibbs
- Opinion Tennessee v. Lane
- Opinion Shelby County v. Holder
This module in Canvas
Modules · Quizzes · Discussion boards · Files and recordings
How to read this list
A case named without a marker is assigned as an opinion and is to be read in its entirety. Opinion (edited) means the Professor has cut it for length; the text on this site is the assigned text. Note means the case is not assigned as an opinion at all — its holding, its facts to the extent they matter, and its place in the doctrinal line are given in a note written for this course, and you are responsible for that note exactly as you are responsible for an assigned opinion. Most modules close with a Current case, a recent decision chosen because it shows the doctrine you have just read being applied at its live edge; current cases are assigned as opinions. You are responsible for all assigned required materials, including the notes, questions, problems and commentary that accompany the cases, whether or not we discuss them in class.