Congressional Authority to Interpret the Thirteenth Amendment: A Response to Professor Tsesis
Posted: 30 May 2013 Last revised: 2 Oct 2017
Date Written: May 29, 2013
This essay explores the proper scope of Congress’s power to enforce the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. It reviews the historical context surrounding the drafting of the Thirteenth Amendment enforcement power, and it points to structural constitutional considerations relevant to the understanding of that power. It concludes by suggesting some related topics that deserve further exploration.
Keywords: congressional authority, Tsesis, thirteenth amendment, section 2 power, Civil Rights Act of 1866, Relevance of the Fourteenth Amendment
JEL Classification: K39
Suggested Citation: Suggested Citation