Section 5 of the 14th Amendment gives Congress power to "enforce" the amendment "by appropriate legislation." This enforcement power lets Congress pass laws protecting the rights that the 14th Amendment guarantees: equal protection and due process.
Congress has used this authority to pass the Civil Rights Act of 1866, the Family and Medical Leave Act, and the Voting Rights Act of 1965. The Supreme Court limits this power, though. In City of Boerne v. Flores, the Court required "congruence and proportionality" between the law Congress passes and the constitutional violation it aims to prevent. Congress can't simply declare new rights; it can only protect the rights the amendment already guarantees.
The 13th, 15th, 19th, 24th, and 26th Amendments also grant Congress enforcement power, allowing broad federal civil rights legislation.
Enforcement power is how Congress protects constitutional rights when states fail. Without it, constitutional guarantees of equality and due process would be empty words if states chose to ignore them.
People often think the 14th Amendment alone created civil rights protections. The amendment sets the principle; Congress enforcement power puts it into practice through legislation that reaches discrimination in housing, employment, voting, and other areas.
Enforcement power is how Congress protects constitutional rights when states fail. Without it, constitutional guarantees of equality and due process would be empty words if states chose to ignore them.
People often think the 14th Amendment alone created civil rights protections. The amendment sets the principle; Congress enforcement power puts it into practice through legislation that reaches discrimination in housing, employment, voting, and other areas.