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Chapter 13

CONGRESSIONAL ENFORCEMENT OF CIVIL RIGHTS

This Chapter involves several aspects of Congress' power to enforce the Amendments enacted immediately after the Civil War. The main concepts are:

  • Congress has special powers to enforce the Civil War Amendments, i.e., the 13th, 14th, and 15th Amendments.
  • Congress probably can't prohibit purely private discrimination under the 14th and 15th Amendments.
    • But Congress can prohibit purely private discrimination under the 13th Amendment, if it finds that the discrimination is a "badge or incident of slavery."
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