The Supreme Court has held that the Thirteenth Amendment prohibits slavery or involuntary servitude and also empowers Congress to end any lingering quot;badges and incidents of slavery.quot; The Court, however, has failed to provide any guidance as to defining the badges and incidents of slavery when Congress has failed to identify a condition or form of discrimination as such. This has led the lower courts to conclude that the judiciary's role under the Thirteenth Amendment is limited to enforcing only the Amendment's prohibition of literal enslavement. This article has two primary objectives. First, it offers an interpretive framework for defining the badges and incidents of slavery that is true to both the Amendment's drafters' original purposes and that can also serve as a vibrant remedy for the legacies of slavery. The Thirteenth Amendment should neither be construed as a dead letter whose purpose was served with the removal of the freedmen's bonds nor as a limitless remedy for all forms of discrimination. Rather, the Amendment must be interpreted in an evolutionary manner, but with specific regard to the experience of the victims of human bondage in the United States (i.e., African-Americans) and the destructive effects that the system of slavery had upon American society, laws, and customs. Second, this Article explains that the judiciary has concurrent power with Congress to define and offer redress for the badges and incidents of slavery. Limiting the Amendment, in the absence of Congressional action, to literal enslavement ignores the Amendment's Framers' expressed original intent that the Amendment itself would eliminate all lingering vestiges of the slave system. Furthermore, such an interpretation violates separation of powers principles by imputing to Congress the ability to legislate under the Amendment's Enforcement Clause against conditions that purportedly do not in any way violate the Amendment itself. Even in the absence of Congressional action, the judiciary should enforce the Thirteenth Amendment's promise to eliminate the badges or incidents of slavery.

Focusing on the Thirteenth Amendment, this book examines emancipation after the Emancipation Proclamation of 1863.

Discover the first law textbook to provide a comprehensive examination of the Supreme Court's institutional commitment to equality over a time span of more than 190 years. Filling the void of literature in this area, this long-awaited volume incorporates information from the disciplines of law, political science, and history to provide the student with a thorough analysis of race and law from the perspective of politically disadvantaged groups. Carefully selected cases stimulate classroom discussion and at the same time cultivate competence in reading actual Supreme Court rulings. Accessible and flexible, this textbook affords professors and instructors an opportunity to pick and choose from the essays and cases for each historical period. The authors instill in students a deeper appreciation of the multicultural component of ongoing struggles for equality within the American context. Written specifically for undergraduate, graduate, and law school courses that emphasize civil rights/race and the law, The Supreme Court, Race, and Civil Rights stands alone as an outstanding textbook.

e-artnow presents to you a unique legal civil right collection comprised of the most important U.S. Civil Rights Acts and Supreme Court decisions considering racial discrimination. _x000D_ Table of Contents:_x000D_ Emancipation Proclamation & Gettysburg Address (1863)_x000D_ Thirteenth Amendment to the United States Constitution (1865)_x000D_ Civil Rights Act of 1866_x000D_ Fourteenth Amendment to the United States Constitution (1868)_x000D_ Reconstruction Acts (1867-1868)_x000D_ Fifteenth Amendment to the United States Constitution (1870)_x000D_ Enforcement Act of 1870_x000D_ The First Enforcement Act of 1871 (to enforce the rights of citizens of the United States to vote in the several States of this Union)_x000D_ The Second Enforcement Act of 1871 (Ku Klux Klan Act)_x000D_ Civil Rights Act of 1875_x000D_ Executive Order 9981 (1948)_x000D_ Voting Rights Law of 1965_x000D_ Executive Order 11246 (1965)_x000D_ Fair Housing Act (1968)_x000D_ United States Code Title 18 Chapter 13 (1968, 1976, 1988, 1994, 2009)_x000D_ The Community Reinvestment Act (1977)_x000D_ Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2007)_x000D_ Case Law:_x000D_ Strauder v. West Virginia (1880)_x000D_ Buchanan v. Warley (1917)_x000D_ Shelley v. Kraemer (1948)_x000D_ Sweatt v. Painter (1950)_x000D_ Brown v. Board of Education (1954)_x000D_ Boynton v. Virginia (1960)_x000D_ Heart of Atlanta Motel Inc. v. United States (1964)_x000D_ Loving v. Virginia (1967)_x000D_ Jones v. Alfred H. Mayer Co. (1968)_x000D_ Regents of the University of California v. Bakke (1978)_x000D_ Batson v. Kentucky (1986)

In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.

Tsesis explains why the 13th Amendment is essential to contemporary America, offering a fresh analysis of the role the Amendment has played regarding civil rights legislation.

In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.