Thirteenth Amendment freedom includes equal market power for black Americans

Evidence

Negro citizens, North and South, who saw in the Thirteenth Amendment a promise of freedom—freedom to ā€œgo and come at pleasureā€ and to ā€œbuy and sell when they pleaseā€ā€”would be left with ā€œa mere paper guaranteeā€ if Congress were powerless to assure that a dollar in the hands of a Negro will purchase the same thing as a dollar in the hands of a white man. At the very least, the freedom that Congress is empowered to secure under the Thirteenth Amendment includes the freedom to buy whatever a white man can buy, the right to live wherever a white man can live. If Congress cannot say that being a free man means at least this much, then the Thirteenth Amendment made a promise the Nation cannot keep. — Dorothy A. Brown, Getting to Reparations, 580

Categorization

  • XREF: The legal argument — that equal economic participation is a core incident of freedom — is the doctrinal grounding a reparations brief must cite; connects to Brown’s ā€˜accounting not charity’ framing. — connects to: The 1906 Hodges court confined the Thirteenth Amendment to literal slavery — Dorothy A. Brown, Getting to Reparations: How Building a…, 401
  • QUESTION: Worth chasing: how does the equal-purchasing-power reading of the 13th Amendment interact with modern equal protection doctrine and the Court’s narrowing of the Amendments’ enforcement powers? This is the legal crux an opponent would attack.