The Thirteenth Amendment, Human Trafficking, and Hate Crimes

The Thirteenth Amendment, Human Trafficking, and Hate Crimes, 39 Seattle U. L. Rev. 829 (2016)

Notre Dame Legal Studies Paper No. 1931

19 Pages Posted: 29 Mar 2019

Date Written: March 28, 2019

Abstract

The two most recent federal statutes passed pursuant to Congress's Thirteenth Amendment enforcement power are the Trafficking Victims Protection Act of 2000 (TVPA) and the Shepard-Byrd Hate Crimes Act of 2009. While the Thirteenth Amendment basis of the TVPA has never been questioned in court, the constitutionality of the Shepard-Byrd Act has been challenged (albeit unsuccessfully) in a series of recent cases. This Essay will consider this disparity and suggest that it tells us some­thing about the parameters of the Thirteenth Amendment enforcement power. In particular, it suggests that congressional power is at its apex when the conduct regulated-like human trafficking-has a close nexus to actual conditions of slavery or involuntary servitude. When the con­duct regulated is a step removed from the Amendment's textual prohibi­tions, as racial hate crimes are, that conceptual space permits greater de­bate about the validity of Congress's action.

Keywords: The Thirteenth Amendment, Human Trafficking, Hate Crimes, Slavery, Civil Rights

Suggested Citation

McAward, Jennifer Mason, The Thirteenth Amendment, Human Trafficking, and Hate Crimes (March 28, 2019). The Thirteenth Amendment, Human Trafficking, and Hate Crimes, 39 Seattle U. L. Rev. 829 (2016), Notre Dame Legal Studies Paper No. 1931, Available at SSRN: https://ssrn.com/abstract=3361935

Jennifer Mason McAward (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
33
Abstract Views
491
PlumX Metrics