APPENDIX B

THE TEXT OF THE WAR AMENDMENTS

ARTICLE XIII

SECTION 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

SECTION 2. Congress shall have power to enforce this article by appropriate legislation.1

ARTICLE XIV

SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

SECTION 2. Representatives shall be apportioned among the several States according to their respective 1 Proclaimed to be in force December 18, 1865.

numbers, counting the whole number of persons in each State, excluding the Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

SECTION 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House remove such disability.

SECTION 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for

services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall be held illegal and void.

SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.1

ARTICLE XV

SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

SECTION 2. The Congress shall have power to enforce this article by appropriate legislation.2

1 Proclaimed to be in force July 28, 1868.

2 Proclaimed to be in force March 30, 1870.

CHART NO. VI

STATISTICAL SUMMARY OF OPINIONS DELIVERED UNDER THE FOURTEENTH AMENDMENT, 1868-1910

Total 604 302 27 144 146 40 24 128 423 273 497 121 549 55 112 155 313 28

2

2

1

2

112

2

12

11

13

2

222

21312∞∞

134

22112

2

4121

2

1878

1879

1880

1881

1882

1883

1884

1885

1886

1887

1888

5124557

12

1889 10

1890 13

1891 12

1892

10

1893

15

1894

9

APPENDIX D

POWER OF SUPREME COURT TO DECLARE ACTS OF CONGRESS UNCONSTITUTIONAL

THE purpose of this bill is not to allow one, two, three, or four members of the Supreme Court to overrule eight, seven, six, or five members of that distinguished branch of our government, but, rather, to enable one, two, three, or four members of that court to prevent eight, seven, six, or five members from overruling the wishes of the nation as expressed through Congress or the wishes of a sovereign State as expressed by its electorate or by its legislature.

REMARKS OF HON. JONATHAN BOURNE, JR., OF OREGON, IN THE SENATE OF THE UNITED STATES, MONDAY, AUGUST 14, 1911

Mr. BOURNE said: :

Mr. PRESIDENT: I introduce a brief bill and will ask to have it read in order that it may appear in the Congressional Record.

The bill (S. 3222) to provide rules for speedy and final decision of questions concerning the constitutionality of national and State laws and constitutional provisions and for the interpretation and construction of the Federal laws and Constitution was read the first time at length, as follows:—

Be it enacted, etc., That in any action, suit, or proceeding in the Supreme Court of the United States when the constitutionality of any provision of a Federal or State law, or of a State constitution, shall be drawn in question or decided, the constitutionality thereof shall be sustained unless the Supreme Court, by unanimous decision of all its members qualified to sit in the cause, shall determine that the provision in con