The enforcement powers of Congress have a broad and narrow view. Under the broad view, the drafter intended to give Congress enforcement powers the same level of powers expressed for the necessary and proper clause. Legislation that deters or remedies constitutional violations may be within the scope of Congress’ enforcement power even though in the process it prohibits behavior which is not itself discriminatory and intrudes on the legislative authority given to the states. Enforce by appropriate legislation may mean: to declare, decide, or determine, to create, or to remedy. Congress may expand the scope of statutory rights or create new rights not found in the Constitution. Congress may not dilute or diminish existing Constitutional rights. When Congressional actions may not be appropriate, they may be justified by exceptional conditions. Extraordinary remedies for exceptional conditions must be temporary. The narrow view limits Congress’ enforcement power. Enforce by appropriate legislation only means to prevent or remedy. Nonetheless, to be a valid exercise of Congress’ enforcement power, the necessary and proper clause analysis must be applied.

Enforcement Powers

Abby Fingerlin