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"It was no coincidence that Trumbull's announcement came only two days after Sumner had proposed his amendment making all persons 'equal before the law'. The Massachusetts senator had spurred the committee into final action." The Corwin Amendment would, if ratified, shield "domestic institutions" of the states from the constitutional amendment process and from abolition or interference by Congress. 

The Jones precedent has been used to justify Congressional action to protect migrant workers and target sex trafficking. The direct enforcement power found in the Thirteenth Amendment contrasts with that of the Fourteenth, which allows only responses to institutional discrimination of state actors. The Court in Jones reopened the issue of linking racism in contemporary society to the history of slavery in the United States. In mid-January 1865, Speaker of the House Schuyler Colfax estimated the amendment to be five votes short of passage.

Who ended slavery?

On February 1, 1865, President Abraham Lincoln approved the Joint Resolution of Congress submitting the proposed amendment to the state legislatures. The necessary number of states (three-fourths) ratified it by December 6, 1865.

This failure stems both from assumptions embedded in the Chicago School framework and from the way this framework assesses competition. United States v. Rhodes , one of the first Thirteenth Amendment cases, tested the constitutionality of provisions in the Civil Rights Act of 1866 that granted blacks redress in the federal courts. Kentucky law prohibited blacks from testifying against whites—an arrangement which compromised the ability of Nancy Talbot ("a citizen of the United States of the African race") to reach justice against a white person accused of robbing her. After Talbot attempted to try the case in federal court, the Kentucky Supreme Court ruled this federal option unconstitutional. Noah Swayne overturned the Kentucky decision, holding that without the material enforcement provided by the Civil Rights Act, slavery would not truly be abolished.

U.S. House of Representatives (1847–

By the late 1960s, some African American intellectuals, led by Lerone Bennett Jr., rejected Lincoln's role as the Great Emancipator. Bennett won wide attention when he called Lincoln a white supremacist in 1968. He noted that Lincoln used ethnic slurs and told jokes that ridiculed blacks. Bennett argued that Lincoln opposed social equality and proposed that freed slaves voluntarily move to another country. The emphasis shifted away from Lincoln the emancipator to an argument that blacks had freed themselves from slavery, or at least were responsible for pressuring the government to emancipate them.

• Lincoln called the Declaration of Independence—which emphasized freedom and equality for all—the "sheet anchor" of republicanism beginning in the 1850s.
• United States v. Rhodes , one of the first Thirteenth Amendment cases, tested the constitutionality of provisions in the Civil Rights Act of 1866 that granted blacks redress in the federal courts.


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• Lincoln’s greatest flaw came out of his strength, which was generally liking people and not wanting to hurt them.
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• The late President lay in state, first in the East Room of the White House, and then in the Capitol Rotunda from April 19 through April 21.

Few records of the committee's deliberations during the drafting of the Thirteenth Amendment survive, and the debate that followed both in Congress and in the state legislatures featured almost no discussion of this provision. It was apparently considered noncontroversial at the time, or at least legislators gave it little thought. The drafters based the amendment's phrasing on the Northwest Ordinance of 1787, which features an identical exception. Thomas Jefferson authored an early version of that ordinance's anti-slavery clause, including the exception of punishment for a crime, and also sought to prohibit slavery in general after 1800. Jefferson was an admirer of the works of Italian criminologist Cesare Beccaria.