14th Amendment For Debt Limit In Wake
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Thus, under current law, there are two key limits on Congress's power under Section Five of the Fourteenth Amendment, both of which are controversial. First, Section Five does not empower Congress to regulate private conduct, but only the actions of state and local governments.
By Earl M. Maltz. Distinguished Professor of Law at Rutgers University - Camden. Section Five of the Fourteenth Amendment vests Congress with the authority to adopt “appropriate” legislation to enforce the other parts of the Amendment—most notably, the provisions of Section One.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
14th Amendment - Citizenship Rights, Equal Protection, Apportionment, Civil War Debt | Constitution Center.
Section 2 of the Fourteenth Amendment focuses on the way individual citizens are counted to determine electoral power for the states.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The provision disqualifies former government officials from holding office if they took an oath to support the Constitution but then betrayed it by engaging in an insurrection.
The Fourteenth Amendment only applies to actions by state governments (state actions), not private actions. Consider, for example, Obergefell, which involved the fundamental right to marry. Some state laws interfered with that right.
First, it guarantees that whatever debt the United States government accrues, “shall not be questioned.” Second, it invalidates any debt incurred by any rebellion against the United States (practically, this told those that may have financed the Confederacy's fight in the Civil War that their debts will never be repaid ...
