TENNESSEE v. LANE Syllabus constitutional authority. Kimel v. FloridaBd.of Regents, 528 U. S.62, 73. The first question is easily answered here, since the ADA specifically provides for abrogation. See § 12202. With regard to the second question, Congress can abrogate state sovereign immunity pursuant to a valid exercise of its power under § 5 of the Fourteenth Amendment. E. g., Fitzpatrick v. Bitzer, 427 U. S.445, 456. That power is not, however, unlimited. While Congress must have a wide berth in devising appropriate remedial and preventative measures for unconstitutional actions, those measures may not work a "substantive change in the governing law." City of Boerne v. Flores, 521 U. S.507, 519. In Boerne, the Court set forth the test for distinguishing between permissible remedial legislation and unconstitutional substantive redefinition: Section 5 legislation is valid if it exhibits "a congruence and proportionality" between an injury and the means adopted to prevent or remedy it. Id., at 520. Applying the Boerne test in Garrett, the Court concluded that ADA Title I was not a valid exercise of Congress' § 5 power because the historical record and the statute's broad sweep suggested that Title I's true aim was not so much enforcement, but an attempt to "rewrite" this Court's Fourteenth Amendment jurisprudence. 531 U. S., at 372-374. In view of significant differences between Titles I and II, however, Garrett left open the question whether Title II is a valid exercise of Congress' § 5 power, id., at 360, n. 1. Pp. 517-522. (b) Title II is a valid exercise of Congress' § 5 enforcement power. Pp. 522-534. (1) The Boerne inquiry's first step requires identification of the constitutional rights Congress sought to enforce when it enacted Title II. Garrett, 531 U. S., at 365. Like Title I, Title II seeks to enforce the Fourteenth Amendment's prohibition on irrational disability discrimination. Id., at 366. But it also seeks to enforce a variety of other basic constitutional guarantees, including some, like the right of access to the courts here at issue, infringements of which are subject to heightened judicial scrutiny. See, e. g., Dunn v. Blumstein, 405 U. S.330, 336-337. Whether Title II validly enforces such constitutional rights is a question that "must be judged with reference to the historical experience which it reflects." E. g., South Carolina v. Katzenbach, 383 U. S.301, 308. Congress enacted Title II against a backdrop of pervasive unequal treatment of persons with disabilities in the administration of state services and programs, including systematic deprivations of fundamental rights. The historical experience that Title II reflects is also documented in the decisions of this and other courts, which have identified unconstitutional treatment of disabled persons by state agencies in a variety of public programs and services. With respect to the particular services at issue, Congress learned that many individuals, in many States, were being excluded from courthouses and court proceedings by reason of their dis-