The Scope of Federal Power Under the Thirteenth Amendment
1st January 2014
The Thirteenth Amendment is an attractive vehicle for advocates of nearly unlimited federal power because a broad interpretation of it would enable Congress to circumvent the limits the Supreme Court placed on Congress’ powers under the Commerce Clause and the Fourteenth Amendment in cases such as United States v. Lopez, United States v. Morrison, and NFIB v. Sebelius. Unlike a law authorized by the Commerce Clause, a law authorized by the Thirteenth Amendment need not have any connection to interstate commerce or “economic activity.” Unlike most parts of the Fourteenth Amendment, the Thirteenth Amendment is also not limited to regulating action undertaken by state governments, since it bans even purely private slavery and involuntary servitude.