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Self-executing constitutional provision
Definition
A provision of the Constitution that operates and is enforceable without requiring Congress or other branches to pass implementing legislation. Self-executing provisions create rights and impose duties that individuals and courts can rely upon directly. The question of whether the Fourteenth Amendment's Section 3 is self-executing is central to this case.
Examples
- •Whether Section 3 of the Fourteenth Amendment disqualifying insurrectionists from office operates without congressional legislation