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" Correctly viewed, § 5 is a positive grant of legislative power authorizing Congress to exercise its discretion in determining whether and what legislation is needed to secure the guarantees of the Fourteenth Amendment. "
The human life bill: hearings before the Subcommittee on Separation of ... - Page 787
by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Separation of Powers - 1982
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 400

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1971 - 1052 pages
...cl. 18." Katzenbach v. Morgan, 384 US 641, 650. As we stated in that case, "Correctly viewed, § 5 is a positive grant of legislative power authorizing...secure the guarantees of the Fourteenth Amendment." Id., at 651. Congress might well conclude that a reduction in the voting age from 21 to 18 was needed...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 383

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1966 - 1186 pages
...Civil War Amendments." Viewed in its proper perspective, § 5 of the Fourteenth Amendment appears as a positive grant of legislative power, authorizing Congress to exercise its discretion in fashioning remedies to achieve civil and political equality for all citizens. No one would deny that...
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Civil Rights: June 6, 7, 8, 9, 10, 13, 14, 15, 16, 21, 22, 24, and 28, 1966

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights - Civil rights - 1966 - 984 pages
...stated in the opinion of Mr. Justice Brennan in United States v. Guest, the 14th amendment includes "a positive grant of legislative power, authorizing Congress to exercise its discretion in fashioning remedies to achieve civil and political equality for all citizens." In the light of the...
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Fair Housing Act of 1967: Hearings Before the Subcommittee on Housing and ...

United States. Congress. Senate. Committee on Banking and Currency. Subcommittee on Housing - Discrimination in housing - 1967 - 534 pages
...broad with regard to implementing the 14th amendment. If said that section 5 of the 14th amendment is a positive grant of legislative power authorizing...legislation is needed to secure the guarantees of the 14th amendment. I say, therefore, that the Federal fair housing law is specifically within the area...
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Nomination of Thurgood Marshall: Hearings...90-1, on Nomination of Thhurgood ...

United States. Congress. Senate. Judiciary - 1967 - 216 pages
...Northampton Election Bd., 360 US 45, distinguished. Pp. 648-650. (c) Section 5 of the Fourteenth Amendment is a positive grant of legislative power authorizing...Congress to exercise its discretion in determining the need for and nature of legislation to secure Fourteenth Amendment guarantees. The test of McCulloch...
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Nomination of Thurgood Marshall: Hearings, Ninetieth Congress, First Session ...

United States. Congress. Senate. Committee on the Judiciary - 1967 - 212 pages
...Northampton Election Bd., 360 US 45, distinguished. Pp. 648-650. (c) Section 5 of the Fourteenth Amendment is a positive grant of legislative power authorizing...Congress to exercise its discretion in determining the need for and nature of legislation to secure Fourteenth Amendment guarantees. The test of McCulloch...
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Nomination of Thurgood Marshall: Hearings, Ninetieth Congress, First Session ...

United States. Congress. Senate. Committee on the Judiciary - 1967 - 216 pages
...Northampton Election Bd., 360 US 45, distinguished. Pp. 648-650. (c) Section 5 of the Fourteenth Amendment is a positive grant of legislative power authorizing...Congress to exercise its discretion in determining the need for and nature of legislation to secure Fourteenth Amendment guarantees. The test of MoCulloch...
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Fair Housing Act of 1967: Hearings Before the Subcommittee on Housing and ...

United States. Congress. Senate. Committee on Banking and Currency. Subcommittee on Housing - Discrimination in housing - 1967 - 524 pages
...should be the same : Viewed in its proper perspective. Section 5 of the Fourteenth Amendment appears as a positive grant of legislative power, authorizing Congress to exercise its discretion in fashioning remedies to achieve civil and political equality for all citizens.™ In similar language,...
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Hearings

United States. Congress. Senate. Committee on Labor and Public Welfare - 1972 - 1442 pages
...federal statute invalidating the New York requirement. The majority opinion said, "Correctly viewed, §5 is a positive grant of legislative power authorizing...secure the guarantees of the Fourteenth Amendment." 10 The Morgan opinion went on to argue that the legislation was "appropriate": The practical effect...
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Nominations of Abe Fortas and Homer Thornberry: Hearings, Ninetieth Congress ...

United States. Congress. Senate. Committee on the Judiciary - 1968 - 1332 pages
...Civil War Amendments." Viewed in its proper perspective, § 5 of the Fourteenth Amendment appears as a positive grant of legislative power, authorizing Congress to exercise its discretion in fashioning remedies to achieve civil and political equality for all citizens. No one would deny that...
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