Southern district of alabama southern division


B. As Applied to State and Local Government Employers, Title I of the ADA Is A Valid Exercise Of Congress' Section 5 Powers



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B. As Applied to State and Local Government Employers, Title I of the ADA Is A Valid Exercise Of Congress' Section 5 Powers14
In examining congressional authority to legislate under Section 5, the proper focus is on whether the legislation is "appropriate legislation" under the Amendment, rather than whether the conduct prohibited in the legislation specifically violates the Equal Protection Clause or other provisions of the Amendment. Morgan, 384 U.S. at 648-9. In determining whether a statute is properly within Congress' power, judicial review is limited to determining "whether [the statute] may be regarded as an enactment to enforce the Equal Protection Clause, whether it is 'plainly adapted to that end' and whether it is not prohibited by but is consistent with 'the letter and spirit of the constitution.'" Id. at 651 (quoting McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 421 (1819) (footnote omitted)).




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