Boerne & Section 1983
seamon at LAW.LAW.SC.EDU
Wed Apr 26 15:29:54 PDT 2000
> 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.
Richard H. Seamon
Assistant Professor of Law
University of South Carolina
School of Law
Main and Greene Sts.
Columbia, S.C. 29208
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