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The 13th Amendment Could End Racist Policing
Slate (2020)
  • Brandon Hasbrouck, Washington and Lee University School of Law
Abstract
The current Congress accomplishes little these days, and it has not yet shown much interest in confronting racial violence. But true change will be hard to achieve through a patchwork of local and state reforms. If it wanted to, Congress is empowered to take bold action to transform policing and promote racial justice. A string of Supreme Court rulings involving the 13th Amendment offers Congress a tool to target institutions that have preserved social, political, and official norms associated with slavery—the “badges and incidents” of slavery. Congress has invoked the 13th Amendment many times before, notably when criminalizing hate crimes and ending racial discrimination in property sales. If Black lives actually matter, then Congress must look to the 13th Amendment to implement radical changes to policing.
Keywords
  • police,
  • law enforcement,
  • racism,
  • police brutality,
  • constitution,
  • Congress,
  • Supreme Court,
  • civil rights
Publication Date
June 5, 2020
Citation Information
Brandon Hasbrouck, The 13th Amendment Could End Racist Policing, Slate (June 5, 2020), https://slate.com/news-and-politics/2020/06/police-abolition-13th-amendment-slavery-racism.html [https://perma.cc/W4ZE-S4Y8].