Mansfield Fox

Law student. Yankees fan. Massive fraggle. Just living the American dream.

Wednesday, November 26, 2003

FETISHISM AND THE THIRTEENTH AMENDMENT This story begs a question: could Congress impose a nationwide ban on bondage and domination fetishism under its Thirteenth Amendment powers? After all, the Supreme Court has ruled that Congress' power doesn't just extend to forbidding slavery itself, but also includes banning "badges of servitude". Perhaps the voluntary participation of the parties is the key. But then again, no one (except maybe the most hard-core libertarian) would suggest that Congress couldn't forbid a person to sell themselves into slavery, even voluntarily.