Enforcement Power of the 14th Amendment
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether Congress’s exercise of its enforcement power under the 14th Amendment is constitutional.
Analysis
R: Section 5 of the Fourteenth Amendment grants Congress the power to enact legislation to enforce the rights guaranteed by the Amendment, including Equal Protection and Due Process. However, the legislation requires congruence and proportionality between (1) the injury to be prevented or remedied (e.g., violations of Equal Protection or Due Process rights), and (2) the means adopted to achieve that end (i.e., the legislative remedy must be proportional to the identified harm).
A: Here, [apply rule to facts].
Judicial Limitation
R: The Supreme Court has the final authority to interpret the substantive scope of the rights guaranteed by the Fourteenth Amendment. Congress cannot independently expand or create new rights under the guise of enforcement.
A: Here, [apply rule to facts].
C: Therefore,
State Action Expansion
R: Congress has the authority to override state action that infringes upon Fourteenth Amendment rights, including Equal Protection and Due Process violations. Further, Congress may abrogate a state’s sovereign immunity from litigation when enacting legislation, provided the law meets the congruence and proportionality test.
A: Here, [apply rule to facts].
C: Therefore, the warrant [was/was not] properly executed.
Individual Limitation
R: Congress’s enforcement power is limited to regulating state action and does not extend to wholly private conduct, except in narrow circumstances where private actions are deemed to be state action.
A: Here, [apply rule to facts].
C: Therefore, the warrant [was/was not] properly executed.
Conclusion
C: Therefore, Congress’s exercise of its enforcement power under the 14th Amendment [is/is not] constitutional.
Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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