This article needs additional citations for verification .(April 2009) |
Katzenbach v. Morgan | |
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Argued April 18, 1966 Decided June 13, 1966 | |
Full case name | Nicholas Katzenbach, Attorney General, et al. v. Morgan et ux. |
Citations | 384 U.S. 641 ( more ) 86 S. Ct. 1717; 16 L. Ed. 2d 828; 1966 U.S. LEXIS 1337 |
Case history | |
Prior | Judgment for plaintiffs, Morgan v. Katzenbach, 247 F. Supp. 196 (D.D.C. 1966) |
Holding | |
Congress may enact laws stemming from its Fourteenth Amendment enforcement power that increase the rights of citizens beyond what the judiciary has recognized. | |
Court membership | |
| |
Case opinions | |
Majority | Brennan, joined by Warren, Black, Clark, White, Fortas |
Concurrence | Douglas |
Dissent | Harlan, joined by Stewart |
Laws applied | |
U.S. Const. amend. XIV; Voting Rights Act of 1965: Section 4(e) |
Katzenbach v. Morgan, 384 U.S. 641 (1966), was a landmark decision of the Supreme Court of the United States regarding the power of Congress, pursuant to Section 5 of the Fourteenth Amendment, to enact laws that enforce and interpret provisions of the Constitution. [1]
Prior to the 1960s, many US states and municipalities used literacy tests to disenfranchise minorities.[ citation needed ] In 1959, the Supreme Court of the United States held, in Lassiter v. Northampton County Board of Elections , that literacy tests were not necessarily violations of the Equal Protection Clause of the Fourteenth Amendment, nor of the Fifteenth Amendment.
In 1965, Congress passed the Voting Rights Act of 1965, which sought to safeguard the voting rights of disenfranchised minorities. Among other provisions, the Voting Rights Act made some literacy tests illegal. Section 4(e) was aimed at securing the franchisement of New York City's large Puerto Rican population and "provides that no person who has completed the sixth grade in a public school, or an accredited private school, in Puerto Rico in which the language of instruction was other than English shall be disfranchised for inability to read or write English."
Registered voters in the state of New York brought suit by alleging that Congress exceeded its powers of enforcement under the Fourteenth Amendment and alleging that Congress infringed on rights reserved to states by the Tenth Amendment.
By a 7–2 decision, the Supreme Court sided with Attorney General Nicholas Katzenbach, reversed the District Court, and held that Section 4(e) was constitutional. [2] Writing the majority opinion, Justice Brennan stressed that Section 5 of the 14th Amendment is "a positive grant of legislative power authorizing Congress to exercise its discretion in determining the need for and nature of legislation to secure Fourteenth Amendment guarantees." Justice Brennan applied the appropriateness standard of McCulloch v. Maryland (1819) to determine whether the legislation passed constitutional muster.
Section 4(e) arguably expanded rights beyond what the Court had recognized in Lassiter, but Brennan ruled that Section 4(e) was appropriate. In doing so, he has often been credited with introducing the "ratchet theory" for congressional legislation enacted under Section 5 of the 14th Amendment. It held that Congress could ratchet up civil rights beyond what the Court had recognized, but Congress could not ratchet down judicially recognized rights. The "ratchet theory" essentially set judicially recognized rights as a support on which Congress could expand if it so chose. According to the theory, Brennan's opinion allowed for multiple interpreters of the Fourteenth Amendment, as opposed to just that of the judiciary.
In dissent, Justice Harlan criticized the "ratchet theory" and the idea of multiple interpreters of the 14th Amendment. Harlan relied on the separation of powers doctrine to argue that allowing Congress to interpret the 14th Amendment undercut the power of the judiciary. He objected to Congress having the power to interpret the 14th Amendment substantively (to create new rights). Harlan argued that the appropriate use of the Section 5 of the 14th Amendment power was the enforcement of judicially-recognized 14th Amendment rights.
Katzenbach v. Morgan is a prime example of judicial deference to Congressional authority. It allowed Congress great latitude in use of the Section 5 of the 14th Amendment.
The Supreme Court, 31 years after Katzenbach, revisited the "ratchet" interpretation, in the case of City of Boerne v. Flores (1997) and stated, "This is not a necessary interpretation, however, or even the best one." By striking down the state application of the Religious Freedom Restoration Act of 1993, it addressed the separation of powers concerns that had been voiced earlier by Harlan.
Christopher W. Schmidt, "Section 5’s Forgotten Years: Congressional Power to Enforce the Fourteenth Amendment Before Katzenbach v. Morgan," Northwestern University Law Review 113 (2018): 47–108.
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Usually considered one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to formerly enslaved Americans following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Loving v. Virginia (1967) regarding interracial marriage, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, Obergefell v. Hodges (2015) regarding same-sex marriage, and Students for Fair Admissions v. Harvard (2023) regarding race-based college admissions. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials.
The Fifteenth Amendment to the United States Constitution prohibits the federal government and each state from denying or abridging a citizen's right to vote "on account of race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments.
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement on August 6, 1965, and Congress later amended the Act five times to expand its protections. Designed to enforce the voting rights protected by the Fourteenth and Fifteenth Amendments to the United States Constitution, the Act sought to secure the right to vote for racial minorities throughout the country, especially in the South. According to the U.S. Department of Justice, the Act is considered to be the most effective piece of federal civil rights legislation ever enacted in the country. The National Archives and Records Administration stated: "The Voting Rights Act of 1965 was the most significant statutory change in the relationship between the federal and state governments in the area of voting since the Reconstruction period following the Civil War".
A Congressional power of enforcement is included in a number of amendments to the United States Constitution. The language "The Congress shall have power to enforce this article by appropriate legislation" is used, with slight variations, in Amendments XIII, XIV, XV, XIX, XXIII, XXIV, and XXVI.
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United States v. Morrison, 529 U.S. 598 (2000), is a U.S. Supreme Court decision that held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded the powers granted to the US Congress under the Commerce Clause and the Fourteenth Amendment's Equal Protection Clause. Along with United States v. Lopez (1995), it was part of a series of Rehnquist Court cases that limited Congress's powers under the Commerce Clause.
City of Boerne v. Flores, 521 U.S. 507 (1997), was a landmark decision of the Supreme Court of the United States concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation.
A literacy test assesses a person's literacy skills: their ability to read and write. Literacy tests have been administered by various governments, particularly to immigrants.
Board of Trustees of the University of Alabama v. Garrett, 531 U.S. 356 (2001), was a United States Supreme Court case about Congress's enforcement powers under the Fourteenth Amendment to the United States Constitution. The Supreme Court decided that Title I of the Americans with Disabilities Act was unconstitutional, insofar as it allowed states to be sued by private citizens for money damages.
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The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law.
Oregon v. Mitchell, 400 U.S. 112 (1970), was a U.S. Supreme Court case in which the states of Oregon, Texas, Arizona, and Idaho challenged the constitutionality of Sections 201, 202, and 302 of the Voting Rights Act (VRA) Amendments of 1970 passed by the 91st United States Congress, and where John Mitchell was the respondent in his role as United States Attorney General. The Supreme Court ruled that the literacy test ban under Section 201, the minimum residency duration requirement for voter registration and the uniform rule for absentee voting in presidential elections under Section 202, and that Congress lowering the voting age in federal elections from 21 to 18 under Section 302 were all constitutional, but that Congress lowering the voting age in state and local elections from 21 to 18 under Section 302 was unconstitutional.
The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is often considered the most liberal court in U.S. history.
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Harper v. Virginia State Board of Elections, 383 U.S. 663 (1966), was a case in which the U.S. Supreme Court found that Virginia's poll tax was unconstitutional under the equal protection clause of the 14th Amendment. In the late 19th and early 20th centuries, eleven southern states established poll taxes as part of their disenfranchisement of most blacks and many poor whites. The Twenty-fourth Amendment to the United States Constitution (1964) prohibited poll taxes in federal elections; five states continued to require poll taxes for voters in state elections. By this ruling, the Supreme Court banned the use of poll taxes in state elections.
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South Carolina v. Katzenbach, 383 U.S. 301 (1966), was a landmark decision of the US Supreme Court that rejected a challenge from the state of South Carolina to the preclearance provisions of the Voting Rights Act of 1965, which required that some states submit changes in election districts to the Attorney General of the United States. The preclearance provisions were ruled constitutional and the Voting Rights Act of 1965 was enforced in full.
Shapiro v. Thompson, 394 U.S. 618 (1969), was a landmark decision of the Supreme Court of the United States that invalidated state durational residency requirements for public assistance and helped establish a fundamental "right to travel" in U.S. law. Shapiro was a part of a set of three welfare cases all heard during the 1968–69 term by the Supreme Court, alongside Harrell v. Tobriner and Smith v. Reynolds. Additionally, Shapiro, King v. Smith (1968), and Goldberg v. Kelly (1970) comprise the "Welfare Cases", a set of successful Supreme Court cases that dealt with welfare.
Katzenbach may refer to:
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