Thomas, J., concurring
wise general citizenship language. 14 Stat. 27.[1] As Trumbull explained, the provision created a bond between all Americans; “any statute which is not equal to all, and which deprives any citizen of civil rights which are secured to other citizens,” was “an unjust encroachment upon his liberty” and a “badge of servitude” prohibited by the Constitution. Cong. Globe, 39th Cong., 1st Sess., at 474 (emphasis added).
Trumbull and most of the Act’s other supporters identified the Thirteenth Amendment as a principal source of constitutional authority for the Act’s nondiscrimination provisions. See, e.g., id., at 475 (statement of Sen. Trumbull); id., at 1152 (statement of Rep. Thayer); id., at 503–504 (statement of Sen. Howard). In particular, they explained that the Thirteenth Amendment allowed Congress not merely to legislate against slavery itself, but also to counter measures “which depriv[e] any citizen of civil rights which are secured to other citizens.” Id., at 474.
But opponents argued that Congress’ authority did not sweep so broadly. President Andrew Johnson, for example, contended that Congress lacked authority to pass the measure, seizing on the breadth of the citizenship text and emphasizing state authority over matters of state citizenship. See S. Doc. No. 31, 39th Cong., 1st Sess., 1, 6 (1866) (Johnson veto message). Consequently, “doubts about the constitutional authority conferred by that measure led supporters to supplement their Thirteenth Amendment arguments with other sources of constitutional authority.” R. Williams, Originalism and the Other Desegregation Decision, 99 Va. L. Rev. 493, 532–533 (2013) (describing appeals to the naturalization power and the inherent power to protect
- ↑ In fact, Indians would not be considered citizens until several decades later. Indian Citizenship Act of 1924, ch. 233, 43 Stat. 253 (declaring that all Indians born in the United States are citizens).
