Throwback Thursday: Katzenbach v Morgan (1966)

In Hans v Louisiana (1890), SCOTUS held the 11th Amend. presupposed states have sovereign immunity. Later, though, SCOTUS held 14th Amend, Sec 5 gave Congress authority to override a state’s sovereign immunity, meaning Congress can allow certain kinds of citizen lawsuits against states in federal court. Section 5 gives Congress “power to enforce, by appropriate legislation, the provisions of this article,” referring to Sections 1-4 of the 14th Amendment. Section 1 says “nor shall any State deprive any person of life, liberty, or property, without due process of law.” So, Congress can make laws to hold states accountable for violating the liberty interests protected by the 1st – 9th Amendments. What does that mean? In Katzenbach v Morgan (1966), SCOTUS held that Sec. 5 gives Congress the power to “remedy or prevent unconstitutional actions.” Has Congress done that? Hardly! So call your Senator & Congressman and demand they give real remedies to people whose states violate their rights!