Post-Civil War Amendments (pp. 207–218)

Amendments:

  • 13th Amendment: outlaws slavery; only amendment in the constitution that applies to everyone's conduct.
  • 14th Amendment: equal protection and substantive due process to states.
    • City of Boerne v. Flores
      • Congress can only create remedial statutes for enforcement of the 14th Amendment.
      • Test: Congruence and Proportionality
        • There must be a direct link between the injury and the remedy (congruence)
        • The law must be a proportional response ot a documented history of constitutional violations by the States (proportionality).
    • Shelby County v. Holder
      • Congress's enforcement powers under the 14th Amendment are purely remedial and must be in response to current constitutional violations.
  • 15th Amendment: etc.
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