A professional licensing board in a state implements a policy that disqualifies applicants from obtaining licenses based on a felony conviction, including convictions for minor, nonviolent offenses. A federal study reveals that the policy disproportionately impacts members of a specific racial minority, limiting their access to economic opportunities. Congress enacts a law under its enforcement authority to prohibit states from disqualifying license applicants for prior convictions if the underlying offense was nonviolent and did not involve dishonesty. The state challenges the federal law, arguing that it is unconstitutional because it intrudes on the state’s regulatory authority. Which of the following best describes why Congress’s action is valid or invalid?
Congress has no authority to preempt state policies that are facially neutral, even if they produce disparate outcomes across racial groups.
Congress acted within its authority because the law seeks to prevent racial discrimination in state policies, a valid exercise of its enforcement power under the 14th Amendment.
Congress's action is invalid because the law addresses disparate impact, which does not constitute intentional discrimination, as required under the Equal Protection Clause.
Congress exceeded its authority because professional licensing is a domain traditionally reserved for the states under the 10th Amendment.
The correct answer explains that Congress has authority under Section 5 of the 14th Amendment to pass legislation that remedies or prevents racial discrimination by states if there is evidence of disparate impact and the law is congruent and proportional to that purpose. The licensing policy disproportionately impacts a racial minority, which raises Equal Protection concerns. The law’s focus on nonviolent offenses and its narrow tailoring demonstrate proportionality. Incorrect answers fail to recognize Congress's broad enforcement powers under the Civil War Amendments, misstate the nature of the federal law’s application, or overemphasize state sovereignty in areas where federal civil rights apply.
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