The basic thesis of this article is that the enforcement clauses of the thirteenth,' fourteenth, 2 and fifteenth 3 amendments have imposed strong affirmative duties upon the United States Congress and the Supreme Court. These duties, due to their very nature, must be exercised in tandem with each other toward the overall goal of the Civil War Amendments: the guarantee that the civil rights of no American be denied him on the basis of race, color, or previous condition of servitude. In addition, a special type of constitutional stare decisis operates to prevent both branches from contracting the rights guaranteed under these amendments
Lippe, Emil Jr.
"The Uneasy Partnership: The Balance of Power Between Congress and the Supreme Court in Interpretation of The Civil War Amendments,"
Akron Law Review: Vol. 7
, Article 4.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol7/iss1/4