Plus or Minus One: The Thirteenth and Fourteenth Amendments

10 Pages Posted: 14 Jan 2012

See all articles by Mark Graber

Mark Graber

University of Maryland - Francis King Carey School of Law

Date Written: January 14, 2011

Abstract

The consensus that the Fourteenth Amendment incorporates the Thirteenth Amendment has come under sharp criticism in recent years. Several new works suggest that the Thirteenth Amendment, properly interpreted, protects some substantive rights not protected by the Fourteenth Amendment. Some of this scholarship is undoubtedly motivated by an effort to avoid hostile Supreme Court precedents. Nevertheless, more seems to be going on than mere litigation strategy. Scholars detected different rights and regime principles in the Thirteenth Amendment than they find in the Fourteenth Amendment. The 2011 Maryland Constitutional Law Schoomze, to which this is an introduction, provided an opportunity for law professors, political scientists, and historians to discuss the proper place of the Thirteenth Amendment in the American constitutional universe.

Keywords: Thirteenth Amendment, Fourteenth Amendment, Constitution, African-Americans

Suggested Citation

Graber, Mark, Plus or Minus One: The Thirteenth and Fourteenth Amendments (January 14, 2011). Maryland Law Review, Vol. 71, pp. 12-20, 2011, U of Maryland Legal Studies Research Paper No. 2012-1, Available at SSRN: https://ssrn.com/abstract=1984619

Mark Graber (Contact Author)

University of Maryland - Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

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