Which provision of the 14th Amendment gives Congress the power to enforce its protections?

Which provision of the 14th Amendment gives Congress the power to enforce its protections?

• A. Section 5 of the 14th Amendment
• B. The Commerce Clause
• C. The Equal Protection Clause
• D. The Enforcement Clause of the 19th Amendment

Answer: (B)

The ability of Congress to enforce the protections in the 14th Amendment comes from Section 5. This clause grants Congress the power to enforce, by appropriate legislation, the provisions of the amendment, meaning Congress can pass laws to remedy violations of the guarantees in Section 1 (like equal protection and due process). The substantive protections themselves are in Section 1, not the source of enforcement authority. The Commerce Clause belongs to Article I and authorizes regulation of interstate commerce, not the enforcement of the 14th Amendment. The Equal Protection Clause is one of the protections it enforces, not the source of enforcement power. And there isn’t an Enforcement Clause in the 19th Amendment. So the correct source of congressional enforcement power for the 14th Amendment is Section 5.

The ability of Congress to enforce the protections in the 14th Amendment comes from Section 5. This clause grants Congress the power to enforce, by appropriate legislation, the provisions of the amendment, meaning Congress can pass laws to remedy violations of the guarantees in Section 1 (like equal protection and due process). The substantive protections themselves are in Section 1, not the source of enforcement authority. The Commerce Clause belongs to Article I and authorizes regulation of interstate commerce, not the enforcement of the 14th Amendment. The Equal Protection Clause is one of the protections it enforces, not the source of enforcement power. And there isn’t an Enforcement Clause in the 19th Amendment. So the correct source of congressional enforcement power for the 14th Amendment is Section 5.