文章基本信息

标题：Defining The Badges And Incidents Of Slavery
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作者：Jennifer Mason McAward
期刊名称：Journal of Constitutional Law
印刷版ISSN：1521-2823
电子版ISSN：1942-8561
出版年度：2012
卷号：14
期号：3
页码：561
出版社：University of Pennsylvania Law School
摘要：Most agree that Section 2 of the Thirteenth Amendment empowers Congress to legislate regarding the "badges and incidents of slavery." Few, however, have explored in depth the precise meaning of this concept. The goal of this Article is to provide a historical and conceptual framework for interpreting and identifying the badges and incidents of slavery. It examines the original public meaning of the terms "badge of slavery" and "incident of slavery" as well as how the "badges and incidents" concept has been inc orporated into and used in Thirteenth Amendment jurisprudence. It considers several analytical variables from historical, jurisprudential, and policy perspectives, including what populations Congress can protect; what actors Congress can regulate; and what types of conduct Congress can target under its Section 2 power. Ultimately, this Article concludes that the best understanding of the "badges and incidents of slavery" refers to public or widespread private action, aimed at any racial group or population that has previously been held in slavery or servitude, that mimics the law of slavery and has significant potential to lead to the de facto reenslavement or legal subjugation of the targeted group. This limited definition will assist Congress in identifying ways in which it can fulfill the Thirteenth Amendment's promise of universal civil and political freedom. At the same time, it will provide judicially enforceable limits for the exercise of the Section 2 power