Difference between revisions of "42 U.S.C. § 1983"
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#A validly enacted statute pursuant to Article 5 of the 14th Amendment and | #A validly enacted statute pursuant to Article 5 of the 14th Amendment and | ||
#Clear statement from Congress of their intent to abrogate sovereign immunity | #Clear statement from Congress of their intent to abrogate sovereign immunity | ||
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| + | In order for a statute to be validly enacted under Article 5 of the 14th Amendment it must be "proportionate and congruent" to preventing and remedying Constitutional violations as defined by teh court.<Ref>City of Boerne v. Flores, 521 U.S. 507 (1997)</ref> In different cases, the Supreme Court has determined that Congress has exceeded their Section 5 powers when: | ||
| + | #There is insufficient legislative record to demonstate a patern of state violation of Constitutional provisions that they want to remedy<ref>Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, 527 U.S. 627 (1999</ref> | ||
| + | #Congress has attemped to provide more protection thatn the Constitution would allow. | ||
==Suits Against Federal Officers== | ==Suits Against Federal Officers== | ||
