Stones River National Battlefield: The 13th Amendment and Its Impact on Bar Exam Preparation

Recently, I visited the Stones River National Battlefield in Murfreesboro, Tennessee, where the Union’s victory in one of the bloodiest battles of the Civil War helped pave the way for emancipation. Just months later, President Abraham Lincoln issued the Emancipation Proclamation, setting the nation on a path to end slavery. By April 1865, slavery officially ended in Tennessee, and the state ratified the Thirteenth Amendment, making Tennessee one of the first former Confederate states to legally abolish slavery.

This battlefield and others like it were pivotal not just in military history but in legal history as well, playing a key role in the fight to end slavery and in shaping constitutional law through the ratification of the Thirteenth Amendment.

For bar exam takers, the Thirteenth Amendment remains an important topic, particularly because of its unique application to private actions.

Unlike most constitutional provisions, which limit only governmental actions, the Thirteenth Amendment applies to both public and private conduct. It outlaws slavery and involuntary servitude across all sectors, meaning private individuals, organizations, or businesses that engage in forced labor or human trafficking can be held accountable under this amendment.

Congress also has the power to enforce the amendment through legislation aimed at eradicating not just slavery but its residual effects, known as the "badges and incidents" of slavery. This includes racial discrimination in contracts, employment, and housing, as well as more modern issues like human trafficking and forced labor. The Civil Rights Act of 1866, for example, was one of the earliest laws enacted under the Thirteenth Amendment’s authority, and it continues to combat racial discrimination in private transactions today.

Bar examinees must understand that the Thirteenth Amendment reaches beyond government action to address private violations of fundamental freedoms. When faced with scenarios involving racial discrimination, forced labor, or other modern inequalities, you may need to invoke the Thirteenth Amendment, particularly in cases where private actors are involved.