 "Fitzpatrick" held that Congress could use its power under section 5 of the Fourteenth Amendment—which allows Congress to enforce the substantive terms of the Fourteenth Amendment, including the Equal Protection Clause, by positive legislation—to override state sovereign immunity.But in 1997, in "City of Boerne v. Flores", the Court limited congressional power to override state sovereign immunity using the Fourteenth Amendment, and for the first time required "congruence and proportionality" between the constitutional wrong and the congressionally enacted remedy to protect constitutional rights.