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Constitutional Law • Individual Liberties
CONLAW#054
Legal Definition
Discrimination never violations the 13th Amendment—only slavery itself does. However, discrimination can violate a federal law adopted by Congress under the 13th Amendment (Section 2).
Plain English Explanation
The 13th Amendment abolished slavery. However, under the second section of the 13th Amendment, Congress was given the power to enforce the amendment through "appropriate legislation." This means that Congress can pass (and has passed) laws to uphold the principles of the 13th Amendment and to prevent practices that are similar to slavery or that perpetuate the effects of slavery. This is why private companies cannot discriminate based on race, such as hiring or serving people of specific races, or renting rooms, or restricting property rights. Such discrimination doesn't violate the Constitution, since the Constitution applies only to government actions, but it does violate laws that were passed by Congress under authority granted to Congress by the Constitution. This nuance is important to understand when assessing exam questions.
Hypothetical
Hypo 1: Bob refuses to rent his apartment to Sam because of Sam's race. Result: This discrimination is illegal under federal laws made possible by the 13th Amendment. Even though the 13th Amendment itself doesn't directly address discrimination, Congress has passed laws that make Bob's actions illegal, using the power given by the Amendment.
Hypo 2: Bob, a college administrator, denies Sam's application for admission based on his racial background. This action is challenged under laws passed by Congress to prevent discrimination. Result: Bob's actions are illegal under federal law, which is empowered by the 13th Amendment to address such discriminatory practices even though the Amendment itself focuses on ending slavery.
Hypo 3: Bob is planning a dinner at his home and puts flyers up around his office to invite co-workers. Several co-workers express an interest in attending, including Sam. Sam is a race that Bob despises. Bob let's Sam know, "Hey, we're cool at work, but I'm not comfortable having someone of your race at my dinner party." Sam sues Bob for discrimination. Result: Bob is an asshole, but being an asshole isn't always illegal. Though there are numerous federal laws that make racial discrimination illegal, they generally only apply to things like commercial activities, housing, or certain sized social clubs. A private dinner party, between private citizens, on private property owned by someone who is racist doesn't rise to the level of illegal discrimination. Note, however, that if in this hypo Bob was the employer, there would be a strong argument that his racism was illegally discriminatory under various laws that protect against discrimination in the workplace.
Hypo 2: Bob, a college administrator, denies Sam's application for admission based on his racial background. This action is challenged under laws passed by Congress to prevent discrimination. Result: Bob's actions are illegal under federal law, which is empowered by the 13th Amendment to address such discriminatory practices even though the Amendment itself focuses on ending slavery.
Hypo 3: Bob is planning a dinner at his home and puts flyers up around his office to invite co-workers. Several co-workers express an interest in attending, including Sam. Sam is a race that Bob despises. Bob let's Sam know, "Hey, we're cool at work, but I'm not comfortable having someone of your race at my dinner party." Sam sues Bob for discrimination. Result: Bob is an asshole, but being an asshole isn't always illegal. Though there are numerous federal laws that make racial discrimination illegal, they generally only apply to things like commercial activities, housing, or certain sized social clubs. A private dinner party, between private citizens, on private property owned by someone who is racist doesn't rise to the level of illegal discrimination. Note, however, that if in this hypo Bob was the employer, there would be a strong argument that his racism was illegally discriminatory under various laws that protect against discrimination in the workplace.
