The Law of the American Constitution Its Origin And Development
The Law of the American Constitution Its Origin And Development
Charles Kellogg Burdick
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422 § 159 THE LATER AMENDMENTS 423 in connection with the discussion of the constitutional limit- ations upon state powers. 1 That has also seemed the more appropriate place in which to go at length into the meaning of the guaranties against slavery and involuntary servitude. 2 The discussion of these matters will not be repeated here. " It is not open to doubt that Congress may enforce the Thirteenth Amendment by direct legislation, punishing the holding of a person in slavery or in involuntar...y servi- tude except as a punishment for crime. In the exercise of that power Congress has enacted these sections de- nouncing peonage, and punishing one who holds another in that condition of involuntary servitude. 3 This legis- lation is not limited to the territories or other parts of the strictly national domain, but is operative in the States and wherever the sovereignty of the United States extends. We entertain no doubt of the validity of this legislation, or of its applicability to the case of any person holding another in a state of peonage, and this whether there be municipal ordinance or state law sanctioning such holding.
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