Also known as: 13th Amendment · Thirteenth Amend. · Amendment XIII
Written by attorneys · grounded in primary & secondary sources — see below
The constitutional amendment ratified in 1865 that abolishes slavery and involuntary servitude throughout the United States. The amendment contains an enforcement clause that empowers Congress to enact legislation eliminating badges and incidents of slavery, including private racial discrimination in the sale or rental of property.
Tobias Thomas, a Black engineer, offered the highest bid on a home in a subdivision developed by Torchlight Media. The developer refused to sell solely because Thomas is Black. A federal statute enacted under the Thirteenth Amendment prohibits the refusal. The statute supplies a valid cause of action because Congress may reach purely private racial discrimination in property transactions.
Tyler Taylor, a Black customer, entered a restaurant operated by Topaz Mining and was refused service because of his race. A federal civil rights statute reaches the refusal. The statute is a valid exercise of congressional power even though the restaurant is a purely private business.
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Tanya Tang, a Black traveler, was turned away from a privately owned motel because of her race. A federal statute bars the denial. The statute rests on the Thirteenth Amendment enforcement power and applies to the private motel without any requirement of state action.
Tabitha Taylor, a Black resident, challenged a city ordinance that effectively prevented her from keeping a handgun in her home for self-defense. The ordinance is subject to incorporation analysis under the Fourteenth Amendment. The Thirteenth Amendment supplies historical context for the rights protected against state infringement.
Thomas Thompson, a white employee, was discharged by Trinity Pharmaceuticals while Black employees who engaged in the same conduct were retained. A federal statute reaches the discharge. The statute applies to racial discrimination against white persons as well as Black persons.
Tonya Takahashi, a wheelchair user, was denied meaningful access to a state courthouse because of physical barriers. A federal statute requires the state to provide access. The statute is a valid exercise of congressional power under the enforcement clause of the Fourteenth Amendment, which shares structural features with the Thirteenth Amendment enforcement power.
Yes. Congress may prohibit private racial discrimination in the sale or rental of property as a badge or incident of slavery under its enforcement power. The amendment contains no state-action requirement, so legislation may target private sellers and landlords directly.
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Congress may rationally determine that private racial discrimination in property transactions, school admissions, and employment constitutes a badge or incident of slavery. Federal statutes addressing such conduct are valid exercises of enforcement power even when directed at purely private actors.
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No. Involuntary servitude requires the use or threatened use of physical injury, restraint, or legal coercion. Psychological coercion by itself is generally insufficient to support a claim.
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The Thirteenth Amendment enforcement power reaches purely private conduct when Congress targets badges or incidents of slavery. The Fourteenth Amendment enforcement power is generally limited to remedying state action that violates equal protection or due process.
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…all racial discrimination in the sale or rental of property. Pp. 422-437. 2. Congress had the power to enact § 1982 under the Thirteenth Amendment, which authorizes Congress to eliminate all "badges and incidents of slavery." Pp. 437-444. - (a) The Thirteenth Amendment is not a mere prohibition of state laws establishing or…