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- Title
FIXING FOURTEENTH AMENDMENT ENFORCEMENT POWER: AN ARGUMENT FOR A REBUTTABLE PRESUMPTION IN FAVOR OF CONGRESSIONAL ABROGATION OF STATE SOVEREIGN IMMUNITY.
- Authors
Ren, Y. Frank
- Abstract
The article discusses the potential use of a rebuttable presumption in favor of congressional abrogation of state sovereign immunity as a means of fixing the scope of the U.S. Congress' enforcement power under the U.S. Constitution's Fourteenth Amendment. A separation of powers in America is mentioned, along with various lower courts in the country and a proportionality of the law concept. Due process and equal protection rights in the U.S. are examined, along with several legal cases.
- Subjects
UNITED States; UNITED States. Constitution. 14th Amendment; LAW enforcement; REBUTTAL evidence; GOVERNMENT liability; PRESUMPTIONS (Law); DUE process of law; UNITED States Congress powers &; duties; EQUAL rights; U.S. states
- Publication
Boston University Law Review, 2014, Vol 94, Issue 4, p1459
- ISSN
0006-8047
- Publication type
Article