Congruence and Proportionality

Definition

The test from City of Boerne v. Flores for evaluating whether Congress has exceeded its enforcement power under the Reconstruction Amendments. Legislation must be congruent to the constitutional violation it targets and proportional in scope — not going too far beyond what the amendment itself requires.

Examples

• •The government argued Section 2 as construed under Gingles is no longer congruent and proportional because it reaches far beyond situations presenting a significant risk of intentional discrimination.

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