Document Type


Publication Date



Thirteenth Amendment, Fourteenth Amendment, Constitution, African-Americans


This article serves as the Foreword to the papers presented at the 2011 Maryland Constitutional Law Schmooze on the Thirteenth Amendment.


The consensus that the Fourteenth Amendment incorporates the Thirteenth Amendment has come under sharp criticism in recent years. Several new works suggest that the Thirteenth Amendment, properly interpreted, protects some substantive rights not protected by the Fourteenth Amendment. Some of this scholarship is undoubtedly motivated by an effort to avoid hostile Supreme Court precedents. Nevertheless, more seems to be going on than mere litigation strategy. Scholars detected different rights and regime principles in the Thirteenth Amendment than they find in the Fourteenth Amendment. The 2011 Maryland Constitutional Law Schoomze, to which this is an introduction, provided an opportunity for law professors, political scientists, and historians to discuss the proper place of the Thirteenth Amendment in the American constitutional universe.

Publication Citation

71 Maryland Law Review 12 (2011).


Constitutional Law | Legal History