And he holds that:
"Under that clause of the section Congress became clothed with the appropriate authority to legislate for its enforcement."
Now let us look at the 13th and 14th Amendments in the light of that decision.
First. Liberty and citizenship were given the colored people by this amendment. And Justice Story tells us that:
"The power of Congress to enforce rights conferred by the Constitution is not limited to the express powers of legislation enumerated in the Constitution, but the powers which are necessary to protect such rights are always implied."
Language cannot be stronger; words cannot be clearer. But now this decision has been reversed by the Supreme Court, and Congress is left powerless to protect rights conferred by the Constitution. It has been shorn of implied powers. It has duties to perform, and no power to act. It has rights to protect, but cannot choose the means. It is entangled in its own strength. It is a prisoner in the bastile of judicial construction.
Let us go further. Justice Story tells us that:
"The words 'but shall be given up on the claim of the person to whom such labor or service may be due,' clothes Congress with the appropriate authority to legislate for its enforcement."
In the light of this remark, let us look at the 14th Amendment:
"All persons bom 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."