Free Thoughts cover image

How the 14th Amendment Changed America (with Randy Barnett and Evan Bernick)

Free Thoughts

CHAPTER

The 14th Amendment - Is Section 5 Underutilized?

In your interpretation of the 14th Amendment, there are broader powers for Congress to rectify discrimination from both private and public actors. The court has done unfortunately in our view is they've limited the scope of Section 1 to what they think is judicially administrable. That's something that only Congress can do. I mean, the states can't create -- the federal judiciary can create that kind of remedy.

00:00
Transcript
Play full episode

Remember Everything You Learn from Podcasts

Save insights instantly, chat with episodes, and build lasting knowledge - all powered by AI.
App store bannerPlay store banner