Main Content
Doctrinal Details: Section 5
The Court's ultimate rendering of Congress' ยง5 power is strongly inconsistent with the framing understanding. Is there a justification for that inconsistency? Could a more originalist understanding empower Congress to evolve the protections of the 14th Amendment, taking pressure away from the Court? -LL
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.