What is the impact of the Fourteenth Amendment on the power of Congress?

The Fourteenth Amendment to the United States Constitution, ratified in 1868, is significant for its many effects on the power of Congress. This amendment was passed in response to the Civil War and was intended to ensure that the states did not discriminate against recently freed slaves and other individuals on the basis of race, creed, or color. The most direct impact of the Fourteenth Amendment on congressional powers is found in the amendment’s Equal Protection Clause. This clause states that no state may “deny to any person within its jurisdiction the equal protection of the laws.” This clause prohibits states from discriminating against certain groups, and it gives Congress the power to enact statutes to enforce this guarantee. The Fourteenth Amendment also shifts the balance of power between the federal government and the states. By granting Congress the power to enact laws to protect certain constitutional rights, the amendment essentially empowers Congress to trump state laws that conflict with federally-guaranteed rights. This was a major shift from the pre-Civil War balance of state and federal power. Additionally, the Fourteenth Amendment allows Congress to expand the congressional powers found in the Commerce Clause. The court has held that the Commerce Clause grants Congress the power to regulate matters affecting interstate commerce, and the Fourteenth Amendment has granted Congress the power to use this power in order to promote civil rights. Overall, the Fourteenth Amendment has provided Congress with a broad range of new powers in order to protect the rights of people in the United States. This amendment has shifted the balance of power between the states and the federal government, allowing Congress to pass laws that trump any conflicting state laws. It has also expanded Congress’ power to regulate matters affecting interstate commerce, enabling Congress to pass laws protecting civil rights.

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