Enforcement Clause of the Thirteenth Amendment (user search)
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  Enforcement Clause of the Thirteenth Amendment (search mode)
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Author Topic: Enforcement Clause of the Thirteenth Amendment  (Read 7948 times)
A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« on: September 09, 2005, 11:25:44 AM »

I've heard some people argue that the Thirteenth Amendment allows  Congress to enforce not just a ban on slavery and involuntary servitude, but also to outlaw private discrimination.

I think this is an absurd violation of the plain meaning rule. Your thoughts?
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #1 on: September 09, 2005, 11:29:15 AM »

?
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #2 on: September 09, 2005, 11:35:00 AM »

Irrelevant to the constitutional principle.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #3 on: September 09, 2005, 01:27:09 PM »

When one private person refuses to sell a house to another person on racial grounds, that's not slavery, as any court has ever defined it. That's not involuntary servitude, as any court has ever defined.

But they argue Section 2 gives Congress sweeping power to eliminate all the "badges and vestiges and relics of slavery."

This, of course, is nonsense. The article gives Congress to enforce its provisions, not create new ones.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #4 on: September 10, 2005, 07:00:07 PM »

They sometimes argue there would otherwise be no point to an enforcement clause.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #5 on: September 11, 2005, 06:03:24 PM »

Can we get a function that allows us to delete posts in our own threads?
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