Tag: Civil Rights Act of 1866
Introduction: Reviving the Thirteenth Amendment
Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law.
Amendment XIII Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. What has been the legal significance…
The Thirteenth Amendment in Legal Theory
George Rutherglen, John Barbee Minor Distinguished Professor of Law, University of Virginia.
Introduction Unique among constitutional amendments, the Thirteenth Amendment has been eclipsed by its own success. It gave rise directly to the Civil Rights Act of 1866,11. Act of April 9, 1866, § 1, 14 Stat. 27 (1866). which was enacted under Section 2 of the Amendment; and the rights conferred by the 1866 Act, in turn, served…