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Congruence and Proportionality Test


A test that asks whether the means adopted to prevent or remedy an injury are congruent and proportional to the injury itself, used to determine whether Congress has exceeded its enforcement powers derived from Section 5 of the Fourteenth Amendment. This test was introduced in the case City of Boerne v. Flores, 521 U.S. 507 (1997), in which the Court concluded that Section 5 provides Congress only with remedial powers, and when upholding a constitutional right, Congress may only enforce legislation that uses means proportional to achieving that legislative purpose.

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