Are Provisions of the Constitution Self-Enforcing?

Michael McConnell et al., ‘2023 National Lawyers Convention: Insurrection & the 14th Amendment,’ The Federalist Society, at 55:45–57:50 (Nov. 10, 2023, 2:00 PM) (posted online Dec. 20, 2023), <https://fedsoc.org/commentary/fedsoc-blog/2023-national-lawyers-convention-insurrection-the-14th-amendment>, <available on PROQUEST> 

Professor Michael McConnell: “I think the general rule, at least until very modern times, was that things in the Constitution could be invoked as a defense, but that they did not constitute a cause of action in which you can go to court and sue. . . . Don’t forget that the 14th Amendment is, in fact, enforced, for the most part, against States [and] state officers under Section 1983. So you don’t just go into court and say—Obergefell [v. Hodges], for example, was a [Section] 1983 case—so it was not one brought without any congressional authority.” (emphases added).

Seth Barrett Tillman, ‘Are Provisions of the Constitution Self-Enforcing?,’ New Reform Club (Dec. 25, 2023, 7:58 AM), <https://reformclub.blogspot.com/2023/12/are-provisions-of-constitution-self.html>;