What clause of the Constitution has the Congress used to regulate discrimination? Describe the role of the
Commerce Clause
in regulating discrimination in the U.S. Congress was considering important civil rights legislation, its power under the interstate commerce clause was very broad, so it used this power to address several problems involving private discrimination (Heart Atlanta Motel v. U.S.)
What laws did Congress pass discrimination regulation?
In 1964, Congress passed
Public Law 88-352 (78 Stat. 241)
. The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin. Provisions of this civil rights act forbade discrimination on the basis of sex, as well as, race in hiring, promoting, and firing.
What part of the Constitution deals discrimination?
What does Article I Section 8 Clause 3 of the Constitution state What is this clause known as?
What is Article 1 Section 8 Clause 4 of the Constitution?
What does Article 1 Section 8 Clause 5 of the Constitution mean?
Section 8 Enumerated Powers
Clause 5
Standards
.
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures
; ArtI. S8.
What does Article 1 Section 8 Clause 17 of the Constitution mean?
(Clause 17 – Enclave clause)
This clause
enables Congress to govern the District of Columbia
. Congress has now delegated that power to a locally elected government, subject to federal oversight. Congress also governs forts, arsenals, and other places obtained from the states for the federal government’s purposes.
What does the Constitution say about discrimination?
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What is Section 5 of the 14th Amendment?
Section 5 of the fourteenth amendment
empowers Congress to “enforce, by appropriate legislation”
the other provisions of the amendment, including the guarantees of the due process and equal protection clauses of section 1.
Can Congress regulate private discrimination?
In one sense,
Congressional power under the Thirteenth Amendment is very broad, in that it can cover almost all kinds of private activities
. But it is also narrow, in that it may only be used against racial discrimination, and not against other forms of discrimination, such as gender or age.
What are the 3 clauses of the 14th Amendment?
The amendment’s first section includes several clauses: the
Citizenship Clause, Privileges or Immunities Clause, Due Process Clause, and Equal Protection Clause
.
Does the 14th Amendment protect against discrimination?
State Action. —The Fourteenth Amendment, by its terms,
limits discrimination only by governmental entities, not by private parties
. As the Court has noted, “the action inhibited by the first section of the Fourteenth Amendment is only such action as may fairly be said to be that of the States.
What does Article 1 Section 2 clause 3 of the Constitution mean?
Article 1, Section 2, Clause 3: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, …
What does Article 1 Section 8 clause 18 of the Constitution mean?
Article I, Section 8, Clause 18: [The Congress shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
What does Article 1 Section 2 clause 2 of the Constitution mean?
Clause 2 Member Qualifications
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
What does Article 1 Section 9 clause 5 of the Constitution mean?
No Tax or Duty shall be laid on Articles exported from any State
.
What does Article 1 Section 8 clause 15 of the Constitution mean?
What does Article 2 Section 2 clause 2 of the Constitution mean?
What does Article I Section 8 clause 12 mean?
What does Article 1 Section 8 clause 12 of the Constitution mean?
Section 8 Enumerated Powers
Clause 12
To Raise and Maintain Armies
.
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years
; ArtI. S8. C12.
What does Article 1 Section 8 clause 16 of the Constitution mean?
What is Clause 18 and why is it important?
Clause 18
gives Congress the ability to create structures organizing the government, and to write new legislation to support the explicit powers enumerated in Clauses 1–17
.
What does Article 1 Section 8 Clause 10 of the Constitution mean?
Why is clause 11 important?
Article I, Section 8, Clause 11 of the U.S. Constitution
grants Congress the power to declare war
. The President, meanwhile, derives the power to direct the military after a Congressional declaration of war from Article II, Section 2, which names the President Commander-in-Chief of the armed forces.
What is Article 21 of the Constitution?
As you all know, Article 21 deals with one of the fundamental Rights guaranteed by the Constitution of India.
The Right to Protection of Life and personal liberty
is the main object of Article 21 and it is a right guaranteed against State Action as distinguished from violation of such right by private individuals.
What is equal protection clause of the 14th Amendment?
The Fourteenth Amendment’s Equal Protection Clause
requires states to practice equal protection
. Equal protection forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective.
What does the 15th Amendment say?
What is Article 14 section 3 of the Constitution?
Amendment XIV, Section 3 prohibits any person who had gone to war against the union or given aid and comfort to the nation’s enemies from running for federal or state office, unless Congress by a two-thirds vote specifically permitted it.
What is the last clause of Article 1 Section 8?
What is the 16th Amendment do?
What are the 13th 14th and 15th amendments known as?
The 13th, 14th, and 15th Amendments to the Constitution, sometimes known as the
Reconstruction Amendments
, were critical to providing African Americans with the rights and protections of citizenship.
What was the supremacy clause?
What did the 13th 14th and 15th amendments do?
Reconstruction Amendments: Definition and Overview
The 13th Amendment abolished slavery
. The 14th Amendment gave citizenship to all people born in the US. The 15th Amendment gave Black Americans the right to vote.
What is Section 4 of the 14th Amendment about?
Section 4 Public Debt
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
What is the primary clause of the 14th Amendment that is used to extend civil rights?
The
Equal Protection Clause
of the 14th amendment is used to extend civil liberties.
Has the 14th Amendment Section 3 ever been used?
Section 3 of the Fourteenth Amendment was last used in 1919 to refuse to seat a socialist congressman accused of having given aid and comfort to Germany during the First World War, irrespective of the Amnesty Act.
