| Abstract: |
In the spirit of Toni Morrison's Sula, this Note calls for reclaiming justice not as a static ideal but as an ongoing commitment to dismantling systemic oppression. Capital punishment remains a stark vestige of slavery in the United States, perpetuating institutionalized discrimination, cultural trauma, and systemic barriers to equality. This Note uses the Thirteenth Amendment to challenge the death penalty, arguing that it is unconstitutional under the Amendment's prohibition against the "badges and incidents " of slavery. The Note explores the history and meaning of the Thirteenth Amendment, examining its purpose at the time of its ratification. Then, drawing from historical and legal analyses, the Note traces the death penalty's roots in slavery, lynching, and racial oppression, emphasizing its disproportionate impact on Black Americans. Building on the jurisprudence of the Thirteenth Amendment, the Note next introduces a three-pronged test to identify practices that perpetuate slavery's legacy: examining whether they institutionalize discrimination, inflict psychological harm rooted in historical trauma, or impose systemic barriers to equality. Applying this test to Furman v. Georgia, the Note then demonstrates how capital punishment satisfies each of the three prongs by reinforcing racial hierarchies, denying humanity, and perpetuating structural inequities. Finally, the Note addresses counterarguments, including textualist interpretations of the Thirteenth Amendment and the Amendment's Punishment Clause. It concludes by positioning the abolition of capital punishment as essential to fulfilling the Thirteenth Amendment's transformative promise of justice and equality. [ABSTRACT FROM AUTHOR] |
