posed by this section was exercised
by Congress at different times on behalf of enumerated
individuals--notably by act of December 14, 1869 (16 Stat. 607). In
1872, the disabilities were removed, by a blanket act, from all persons
"except Senators and Representatives of the Thirty-sixth and
Thirty-seventh Congresses, officers in the judicial military, and naval
service of the United States, heads of departments, and foreign
ministers of the United States" (17 Stat. 142). Twenty-six years later,
on June 6, 1898 (30 Stat. 432), Congress enacted briefly that "the
disability imposed by section 3 * * * incurred heretofore [prior to June
6, 1898], is hereby removed."[1225]
PUBLIC DEBT, ETC.
Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for payment of
pensions and bounties for services in suppressing insurrection or
rebellion, shall not be questioned. But neither the United States nor
any State shall assume or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any claim for
the loss or emancipation of any slave; but all such debts, obligations
and claims shall be held illegal and void.
Although section four "was undoubtedly inspired by the desire to put
beyond question the obligations of the Government issued during the
Civil War, its language indicates a broader connotation. * * * 'the
validity of the public debt' * * * [embraces] whatever concerns the
integrity of the public obligations," and applies to government bonds
issued after as well as before adoption of the Amendment.[1226]
ENFORCEMENT
Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.
Scope of the Provision
"* * * until some State law has been passed, or some State action
through its officers or agents has been taken, adverse to the rights of
citizens sought to be protected by the Fourteenth Amendment, no
legislation of the United States under said amendment, nor any
proceeding under such legislation, can be called into activity: * * *
The legislation which Congress is authorized to adopt in this behalf is
not general legislation upon the rights of the citizen, but corrective
legislation, that is, such as may be necessary and proper for
counteracting such laws as the States may adopt or enforce, and which,
by the amendment, they are prohibited from making or enforcin
|