Page:Students for Fair Admissions v. President and Fellows of Harvard College.pdf/52

4 marks omitted).

In its 1864 election platform, the Republican Party pledged to amend the Constitution to accomplish the “utter and complete extirpation” of slavery from “the soil of the Republic.” 2 A. Schlesinger, History of U. S. Political Parties 1860–1910, p. 1303 (1973). After their landslide victory, Republicans quickly moved to make good on that promise. Congress proposed what would become the Thirteenth Amendment to the States in January 1865, and it was ratified as part of the Constitution later that year. The new Amendment stated that “[n]either slavery nor involuntary servitude … shall exist” in the United States “except as a punishment for crime whereof the party shall have been duly convicted.” §1. It thus not only prohibited States from themselves enslaving persons, but also obligated them to end enslavement by private individuals within their borders. Its Framers viewed the text broadly, arguing that it “allowed Congress to legislate not merely against slavery itself, but against all the badges and relics of a slave system.” A. Amar, America’s Constitution: A Biography 362 (2005) (internal quotation marks omitted). The Amendment also authorized “Congress … to enforce” its terms “by appropriate legislation”—authority not granted in any prior Amendment. §2. Proponents believed this enforcement clause permitted legislative measures designed to accomplish the Amendment’s broader goal of equality for the freedmen.

It quickly became clear, however, that further amendment would be necessary to safeguard that goal. Soon after the Thirteenth Amendment’s adoption, the reconstructed Southern States began to enact “Black Codes,” which circumscribed the newly won freedoms of blacks. The Black Code of Mississippi, for example, “imposed all sorts of disabilities” on blacks, “including limiting their freedom of