Which clause empowers Congress to enforce the Fourteenth Amendment by appropriate legislation?

Which clause empowers Congress to enforce the Fourteenth Amendment by appropriate legislation?

• A. Necessary and Proper
• B. Dormant Commerce Clause
• C. President Power - Domestic
• D. Enabling Clause

Answer: (D)

The enforcement power for the Fourteenth Amendment comes from the section that says Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. This explicit grant is known as the Enabling Clause, and it gives Congress the authority to pass laws necessary to remedy violations of the Fourteenth Amendment. The other options don’t provide this specific mechanism: the Necessary and Proper Clause is a general grant that allows Congress to pass laws needed to carry out its powers, not the targeted enforcement power for this amendment; the Dormant Commerce Clause is a judicial doctrine about limits on states’ power in commerce; and there isn’t a separate “President Power - Domestic” clause that serves as the enforcement mechanism for the Fourteenth Amendment.

The enforcement power for the Fourteenth Amendment comes from the section that says Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. This explicit grant is known as the Enabling Clause, and it gives Congress the authority to pass laws necessary to remedy violations of the Fourteenth Amendment. The other options don’t provide this specific mechanism: the Necessary and Proper Clause is a general grant that allows Congress to pass laws needed to carry out its powers, not the targeted enforcement power for this amendment; the Dormant Commerce Clause is a judicial doctrine about limits on states’ power in commerce; and there isn’t a separate “President Power - Domestic” clause that serves as the enforcement mechanism for the Fourteenth Amendment.