Alexander Tsesis Raymond and Mary Simon Chair in Constitutional Law
“Enforcement of the Reconstruction Amendments,” 78 Washington and Lee Law Review 849 (2021)
This article analyzes the delicate balance of congressional and judicial authority granted by the Reconstruction Amendments. From them emerged a federal structure for legislative policy to advance fundamental rights, civil liberties, and political representation within a national framework. Tsesis points out that rational basis review is appropriate when Congress advances autonomy, equality, and franchise, but the three amendments require heightened judicial scrutiny of adverse state actions to safeguard fundamental rights against legislative encroachments.