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…