Boerne & Section 1983

[Richard Seamon]

> Why isn't it that wherever Congress has the power to pass any "laws" on
> its own, it can provide the remedies it wants? Whatever power supports the
> statute to be enforced, supports the 1983 remedy.
>

Right, as augmented by the N&P Clause, at least as far as
authorizing remedies in federal court.  I don't think that Congress
can use Article I powers to commandeer state courts into granting
those remedies, except to the extent required by Testa v. Katt.
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Richard H. Seamon
Assistant Professor of Law
University of South Carolina
School of Law
Main and Greene Sts.
Columbia, S.C. 29208
phone: 803-777-6963
fax: 803-777-5827