6. Enabling Clause (13A/14A/15A)

Question 1

What is required for enforcement of Thirteenth Amendment?

Answer 1

1) Any discriminatory act

2) By either;
- Private citizen (unlike 14A EP)
- Government

3) Causing ‘badging or incident of’ slavery/involuntary servitude (physical/legal coercion, not mere psychological)
- Private parties’ refusal to convey houses to persons based on race
- Private, nonsectarian schools’ refusal to admit non-white children
- Private employer’s refusal to hire persons based on race
- NOT compulsory military service/jury duty/criminal sentenced prisoners’ work/medical scholars’ pro bono services

4) Prevent such action by adopting appopriate laws (Enabling Clause)

Question 2

What is required for enforcement of Section 5, Fourteenth Amendment?

Answer 2

Adopt appropriate laws (Enabling Clause)
- Enforce 14A rights + guarantees

Enact laws

1) Prevent/Remedy State’s (NOT Fed/Private citizen) violation of Constitution
2) State has previous history/pattern for violation of Constitution
3) Laws are proportional + congruent (narrowly tailored) to resolve violation
- NOT likely broad laws preventing age/disability discrimination (likely to pass rational basis test)
- NOT likely incidental burden on religious practice (if it meets compelling government interest)

NOT create/expand rights

Question 3

What is required for enforcement of Fifteenth Amendment?

Answer 3

1) Federal + State Government

2) Denial of citizen’s voting rights based on race/colour
- NOT gender
- NOT national origin

3) Adopt appropriate laws (Enabling Clause)
- By Congress
- By State Gov (UNLESS 10A applies - Congress’ consent required)