section 5 enforcement power (Michigan) · Go Syfert
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section 5 enforcement power in Michigan

7 Michigan opinions name it 2 courts 1958–2007 0 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Midrash Sephardi, Inc. v. Town of Surfsidegreen
ca11 · 2004 · cited in 1 Michigan opinions naming this issue, 2006–2006
1 sentence

2006As the United States Court of Appeals for the Eleventh Circuit has remarked, “In determining whether RLUIPA is an appropriate exercise of Congress’s § 5 power,” a court “must first determine whether Congress has the authority to enact legislation to enforce the rights guaranteed by the First Amendment.” Midrash Sephardi, Inc v Town of Surfside, 366 F3d 1214, 1237 (CA 11, 2004).

11
David L. Canedy, Jr. v. Officer Peggy Boardman, Warden Jeffrey Endicott, Karen Radtke, and John Bellgreen
ca7 · 1994 · cited in 1 Michigan opinions naming this issue, 1995–1995
2 sentences

1995I echo the concerns of the United States Court of Appeals for the Seventh Circuit in Canedy v Boardman, 16 F3d 183, 186, n 2 (CA 7, 1994), where the court stated: The constitutionality of [the Religious Freedom Restoration Act of 1993] — surely not before us here — raises a number of questions involving the extent of Congress’s powers under Section 5 of the Fourteenth Amendment.

1995The act directs that it be applied retroactively. 42 USC 2000bb-3(a). [1] I echo the concerns of the United States Court of Appeals for the Seventh Circuit in Canedy v Boardman, 16 F3d 183, 186, n 2 (CA 7, 1994), where the court stated: The constitutionality of [the Religious Freedom Restoration Act of 1993] — surely not before us here — raises a number of questions involving the extent of Congress's powers under Section 5 of the Fourteenth Amendment.

11
Katzenbach v. Morgangreen
scotus · 1966 · cited in 1 Michigan opinions naming this issue, 1995–1995
2 sentences

1995See generally Katzenbach v Morgan, 384 US 641 ; 86 S Ct 1717 ; 16 L Ed 2d 828 (1966); Robert A. Burt, Miranda and Title II: A Morganic Marriage, 1969 S Ct Rev 81; Archibald Cox, The Role of Congress in Constitutional Determinations, 40 U Cinn L Rev 199 (1971); William Cohen, Congressional Power to Interpret Due Process and Equal Protection, 27 Stan L Rev 603 (1975); Comment, When the Supreme Court Restricts Constitutional Rights, Can Congress Save Us?

1995See generally Katzenbach v Morgan, 384 US 641 ; 86 S Ct 1717 ; 16 L Ed 2d 828 (1966); Robert A. Burt, Miranda and Title II: A Morganic Marriage, 1969 S Ct Rev 81; Archibald Cox, The Role of Congress in Constitutional Determinations, 40 U Cinn L Rev 199 (1971); William Cohen, Congressional Power to Interpret Due Process and Equal Protection, 27 Stan L Rev 603 (1975); Comment, When the Supreme Court Restricts Constitutional Rights, Can Congress Save Us?

11
City of Richfield v. Local No. 1215, International Ass'n of Fire Fightersgreen
minn · 1979 · cited in 1 Michigan opinions naming this issue, 1980–1980
1 sentence

1980See Richfield v Local No 1215, International Ass'n of Fire Fighters, 276 NW2d 42, 47 (Minn, 1979). [50] See fns 31 and 49, supra. [51] See City of Warwick v Warwick Regular Firemen's Ass'n, 106 RI 109, 114-115; 256 A2d 206, 209 (1969). [52] See fn 49, supra. [53] MCL 423.3; MSA 17.454(3); MCL 423.4; MSA 17.454(4). [54] The city contends, in part, that exercise of the § 5 peremptory strike of each § 4 delegate against the MERC nominees is no more than a hollow contrivance aimed at sustaining the impression that the alleged accountability deficiencies of the original scheme have been eradicated

11
City of Warwick v. Warwick Regular Firemen's Ass'n.green
ri · 1969 · cited in 1 Michigan opinions naming this issue, 1980–1980
1 sentence

1980See Richfield v Local No 1215, International Ass'n of Fire Fighters, 276 NW2d 42, 47 (Minn, 1979). [50] See fns 31 and 49, supra. [51] See City of Warwick v Warwick Regular Firemen's Ass'n, 106 RI 109, 114-115; 256 A2d 206, 209 (1969). [52] See fn 49, supra. [53] MCL 423.3; MSA 17.454(3); MCL 423.4; MSA 17.454(4). [54] The city contends, in part, that exercise of the § 5 peremptory strike of each § 4 delegate against the MERC nominees is no more than a hollow contrivance aimed at sustaining the impression that the alleged accountability deficiencies of the original scheme have been eradicated

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
City of Boerne v. Flores yellow
scotus · 1997
2 sentences

2007However, in City of Boerne v Flores, 521 US 507 ; 117 S Ct 2157 ; 138 L Ed 2d 624 (1997), the United States Supreme Court held that Congress, in enacting RFRA, had exceeded its powers under § 5 of the Fourteenth Amendment to enact legislation enforcing the Free Exercise Clause of the First Amendment because RFRA proscribes state conduct that the First Amendment itself does not proscribe. 3 123 The Court explained: Congress’ power under § 5, however, extends only to “enforcing” the provisions of the Fourteenth Amendment.

2007However, in City of Boerne v Flores, 521 US 507 ; 117 S Ct 2157 ; 138 L Ed 2d 624 (1997), the United States Supreme Court held that Congress, in enacting RFRA, had exceeded its powers under § 5 of the Fourteenth Amendment to enact legislation enforcing the Free Exercise Clause of the First Amendment because RFRA proscribes state conduct that the First Amendment itself does not proscribe. 3 123 The Court explained: Congress’ power under § 5, however, extends only to “enforcing” the provisions of the Fourteenth Amendment.

22007–2007
Ex Parte Young red
scotus · 1908
2 sentences

1987Though a § 1983 action may be instituted by public aid recipients such as respondent, a federal court’s remedial power, consistent with the Eleventh Amendment, is necessarily limited to prospective injunctive relief, Ex parte Young, [ 209 US 123 ; 28 S Ct 441 ; 52 L Ed 714 (1908)], and may not include a retroactive award which requires the payment of funds from the state treasury, Ford Motor Co v Dep’t of Treasury, [ 323 US 459 ; 65 S Ct 347 ; 89 L Ed 389 (1945)]. [Edelman, supra at 675-677 .] Fitzpatrick v Bitzer, 427 US 445 ; 96 S Ct 2666 ; 49 L Ed 2d 614 (1976), added yet another aspect to

1987Though a § 1983 action may be instituted by public aid recipients such as respondent, a federal court’s remedial power, consistent with the Eleventh Amendment, is necessarily limited to prospective injunctive relief, Ex parte Young, [ 209 US 123 ; 28 S Ct 441 ; 52 L Ed 714 (1908)], and may not include a retroactive award which requires the payment of funds from the state treasury, Ford Motor Co v Dep’t of Treasury, [ 323 US 459 ; 65 S Ct 347 ; 89 L Ed 389 (1945)]. [Edelman, supra at 675-677 .] Fitzpatrick v Bitzer, 427 US 445 ; 96 S Ct 2666 ; 49 L Ed 2d 614 (1976), added yet another aspect to

11987–1987
Ford Motor Co. v. Department of Treasury red
scotus · 1945
2 sentences

1987Though a § 1983 action may be instituted by public aid recipients such as respondent, a federal court’s remedial power, consistent with the Eleventh Amendment, is necessarily limited to prospective injunctive relief, Ex parte Young, [ 209 US 123 ; 28 S Ct 441 ; 52 L Ed 714 (1908)], and may not include a retroactive award which requires the payment of funds from the state treasury, Ford Motor Co v Dep’t of Treasury, [ 323 US 459 ; 65 S Ct 347 ; 89 L Ed 389 (1945)]. [Edelman, supra at 675-677 .] Fitzpatrick v Bitzer, 427 US 445 ; 96 S Ct 2666 ; 49 L Ed 2d 614 (1976), added yet another aspect to

1987Though a § 1983 action may be instituted by public aid recipients such as respondent, a federal court’s remedial power, consistent with the Eleventh Amendment, is necessarily limited to prospective injunctive relief, Ex parte Young, [ 209 US 123 ; 28 S Ct 441 ; 52 L Ed 714 (1908)], and may not include a retroactive award which requires the payment of funds from the state treasury, Ford Motor Co v Dep’t of Treasury, [ 323 US 459 ; 65 S Ct 347 ; 89 L Ed 389 (1945)]. [Edelman, supra at 675-677 .] Fitzpatrick v Bitzer, 427 US 445 ; 96 S Ct 2666 ; 49 L Ed 2d 614 (1976), added yet another aspect to

11987–1987
Fitzpatrick v. Bitzer green
scotus · 1976
2 sentences

1987Though a § 1983 action may be instituted by public aid recipients such as respondent, a federal court’s remedial power, consistent with the Eleventh Amendment, is necessarily limited to prospective injunctive relief, Ex parte Young, [ 209 US 123 ; 28 S Ct 441 ; 52 L Ed 714 (1908)], and may not include a retroactive award which requires the payment of funds from the state treasury, Ford Motor Co v Dep’t of Treasury, [ 323 US 459 ; 65 S Ct 347 ; 89 L Ed 389 (1945)]. [Edelman, supra at 675-677 .] Fitzpatrick v Bitzer, 427 US 445 ; 96 S Ct 2666 ; 49 L Ed 2d 614 (1976), added yet another aspect to

1987Though a § 1983 action may be instituted by public aid recipients such as respondent, a federal court’s remedial power, consistent with the Eleventh Amendment, is necessarily limited to prospective injunctive relief, Ex parte Young, [ 209 US 123 ; 28 S Ct 441 ; 52 L Ed 714 (1908)], and may not include a retroactive award which requires the payment of funds from the state treasury, Ford Motor Co v Dep’t of Treasury, [ 323 US 459 ; 65 S Ct 347 ; 89 L Ed 389 (1945)]. [Edelman, supra at 675-677 .] Fitzpatrick v Bitzer, 427 US 445 ; 96 S Ct 2666 ; 49 L Ed 2d 614 (1976), added yet another aspect to

11987–1987
Edelman v. Jordan red
scotus · 1974
2 sentences

1987Though a § 1983 action may be instituted by public aid recipients such as respondent, a federal court's remedial power, consistent with the Eleventh Amendment, is necessarily limited to prospective injunctive relief, Ex parte Young, [ 209 US 123 ; 28 S Ct 441 ; 52 L Ed 714 (1908)], and may not include a retroactive award which requires the payment of funds from the state treasury, Ford Motor Co v Dep't of Treasury, [ 323 US 459 ; 65 S Ct 347 ; 89 L Ed 389 (1945)]. [ Edelman, supra at 675-677 .] Fitzpatrick v Bitzer, 427 US 445 ; 96 S Ct 2666 ; 49 L Ed 2d 614 (1976), added yet another aspect to

1987Though a § 1983 action may be instituted by public aid recipients such as respondent, a federal court’s remedial power, consistent with the Eleventh Amendment, is necessarily limited to prospective injunctive relief, Ex parte Young, [ 209 US 123 ; 28 S Ct 441 ; 52 L Ed 714 (1908)], and may not include a retroactive award which requires the payment of funds from the state treasury, Ford Motor Co v Dep’t of Treasury, [ 323 US 459 ; 65 S Ct 347 ; 89 L Ed 389 (1945)]. [Edelman, supra at 675-677 .] Fitzpatrick v Bitzer, 427 US 445 ; 96 S Ct 2666 ; 49 L Ed 2d 614 (1976), added yet another aspect to

11987–1987
Oakland County v. State Land Office Board neutral
mich · 1940
1 sentence

1958However, in view" of the holding in * * * [Oakland County v. State Land Office Board, supra], we cannot see why one redeeming through a municipality under section 5 of the 1939 act would he entitled to any better deed, than the municipality itself could have procured from the State.

11958–1958

Where else courts name it

TX 8 (1995–2026) MI 7 (1958–2007) MA 4 (1988–2010) IL 4 (1994–2007) FL 4 (1938–2007) KS 3 (1973–2000) MD 3 (2008–2009) AZ 3 (1963–2025) PA 3 (1979–2022) AL 3 (1915–2003) CA 3 (1996–2002) OK 2 (2015–2015) NC 2 (2018–2026) CT 2 (2004–2011) LA 2 (2014–2017) WV 2 (1954–1961) NM 2 (1977–2002) NJ 2 (2010–2010) IA 2 (2016–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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