Loyola University Chicago, School of Law LAW eCommons Faculty Publications & Other Works 2004 Furthering American Freedom: Civil Rights & the Thirteenth Amendment Alexander Tsesis Loyola University Chicago, School of Law,
[email protected] Follow this and additional works at: http://lawecommons.luc.edu/facpubs Part of the Civil Rights and Discrimination Commons, and the Constitutional Law Commons Recommended Citation Tsesis, Alexander, Furthering American Freedom: Civil Rights & the Thirteenth Amendment, 45 B.C. L. Rev. 307 (2004) This Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Faculty Publications & Other Works by an authorized administrator of LAW eCommons. For more information, please contact
[email protected]. FURTHERING AMERICAN FREEDOM: CIVIL RIGHTS & THE THIRTEENTH AMENDMENT ALEXANDER TSESIS* Abstract: This Article discusses why the Thirteenth Amendment's reach extends beyond the institution of slavery and has important implications for civil liberties. The Amendment-in providing a mechanism to protect findamental rights articulated in the Declaration of Independence and Preamble to the Constitution-not only ended slavery, but also created a substantive assurance of freedom. This Article reviews Thirteenth Amend- mentjurisprudence and shows that, despite substantial narrowing after its adoption, the Amendment is a source of sweeping constitutional power for enacting federal civil rights legislation. The Article also distinguishes congressional power nnder the Thirteenth Amendment from that under the Fourteenth Amendment and the Commerce Clause, demonstrating that the Thirteenth Amendment is a viable, and at times preferable, alter- native for civil rights reforms. Finally, the Article suggests that recent U.S. Supreme Court jurisprudence limiting congressional Commerce Clause and Fourteenth Amendment Section 5 powers has increased the import- ance of the Thirteenth Amendment as an alternative strategy for civil rights legislation and litigation.