The Constitution in American Life: Featuring the Friends of Publius

Systemic Racism, 13th Amendment, and the Badges and Incidents of Slavery

Mike Season 1 Episode 15

In this episode, the Friends of Publius discuss the 13th Amendment, how it has been interpreted over time, and the issue of systemic racism in the USA today.  This question is from Unit 3, Question 3 of the Center for Civic Education’s We the People curriculum. 

Discussion Question Unit 3 Question 3

What did the Supreme Court mean by the phrase, “badges and incidents of slavery” in the 1883 Civil Rights Cases?

What are some examples of “badges and incidents of slavery” that remained after the 13th Amendment was ratified?  How has Congress responded over time to address these issues?

Should Congress pass additional legislation today to address the ongoing effects of slavery or systemic discrimination?  Why or why not?