13th-15th Amendements Flashcards
What does the 13th Amendment prohibit?
Slavery and involuntary servitude, except as punishment for crime.
Who can be regulated under the 13th Amendment?
Both state and private actors.
What does Section 2 of the 13th Amendment allow Congress to do?
Enforce the abolition of slavery through “appropriate legislation,” including addressing the badges and incidents of slavery.
What is the significance of Jones v. Alfred Mayer Co.?
Congress can enforce the 13th amendment by passing laws that govern the actions of purely private actors.
plaintiff sues because Mayer refused to sell him a house bc he’s black. Congress can enforce the 13th amendment by passing laws that govern the actions of purely private actors. 13A was a declaration that slavery shall not exist and congress has the power to legislate in order to get rid of the badges and incidents of slavery
What did the Court say in Jones v. Alfred Mayer about private actors?
Congress can legislate against purely private conduct that constitutes a “badge or incident” of slavery.
What protections are provided by Section 1 of the 14th Amendment?
Privileges or immunities, due process, and equal protection of the laws — but only against state action.
Can the 14th Amendment regulate private conduct?
No — only state action is subject to the 14th Amendment.
What is the holding in United States v. Guest?
Private actors may be regulated under the 14th Amendment if there is state involvement — even minimal — in the discriminatory conduct.
defendants (private citizens) conspired to prevent blacks from using public facilities. blacks were arrested by state officials on false reports they committed criminal acts
What is the holding in United States v. Morrison?
Congress cannot create civil remedies against private individuals under the 14th Amendment because it applies only to state actions.
Rape on VA tech campus. federal statute to protect against gender-based crimes that was unconstitutional bc 14A can only be used to regulate state action, not private action
What did Katzenbach v. Morgan hold regarding Congress’s power under Section 5 of the 14th Amendment?
Congress may use rational means to enforce the Equal Protection Clause, even if it overrides state law (e.g., NY’s English literacy voting law).
voting rights act in NY discriminated against hispanic voters where language was something under than english. RATIONAL BASIS REVIEW.
What level of scrutiny was applied in Katzenbach v. Morgan?
Rational basis review.
What principle was emphasized in City of Boerne v. Flores?
Congress’s enforcement power under the 14th Amendment must be congruent and proportional to the constitutional injury being addressed.
Religious Freedom Restoration Act was a substantial change in constitutional protection, and was outside of Congress’s enforcement/legislation power under §5 of 14A.
According to City of Boerne, what can and can’t Congress do under the 14th Amendment?
✅ Can: Prevent/remedy violations of constitutional rights
❌ Cannot: Define or change the meaning of constitutional rights
Why was the RFRA unconstitutional in City of Boerne?
It substantively redefined constitutional rights, exceeding Congress’s remedial powers under Section 5 of the 14th Amendment.
What does the 15th Amendment prohibit?
Denial or abridgment of the right to vote based on race, color, or previous condition of servitude.
What does Section 2 of the 15th Amendment allow Congress to do?
Enforce voting rights through appropriate legislation.
What did South Carolina v. Katzenbach uphold?
The Voting Rights Act of 1965, including suspension of literacy tests and federal oversight of voting changes, as a constitutional exercise of Congress’s power under the 15th Amendment.
What standard of review did the Court apply in South Carolina v. Katzenbach?
Rational basis — Congress can use any rational means to prevent racial discrimination in voting.
What did Shelby County v. Holder strike down?
Section 4(b) of the Voting Rights Act — the coverage formula determining which states required federal preclearance for voting law changes.
Why was the coverage formula in Shelby County v. Holder unconstitutional?
It violated the principle of equal state sovereignty; the formula was outdated and no longer justified under current conditions.
