Thomas, J., concurring
continued its work. See 2 K. Lash, The Reconstruction Amendments 8 (2021). In April, Representative Thaddeus Stevens proposed to the Joint Committee an amendment that began, “[n]o discrimination shall be made by any State nor by the United States as to the civil rights of persons because of race, color, or previous condition of servitude.” S. Doc. No. 711, 63d Cong., 1st Sess., 31–32 (1915) (reprinting the Journal of the Joint Committee on Reconstruction for the Thirty-Ninth Congress). Stevens’ proposal was later revised to read as follows: “ ‘No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.’ ” Id., at 39. This revised text was submitted to the full House on April 30, 1866. Cong. Globe, 39th Cong., 1st Sess., at 2286–2287. Like the eventual first section of the Fourteenth Amendment, this proposal embodied the familiar Privileges or Immunities, Due Process, and Equal Protection Clauses. And, importantly, it also featured an enforcement clause—with text borrowed from the Thirteenth Amendment—conferring upon Congress the power to enforce its provisions. Ibid.
Stevens explained that the draft was intended to “allo[w] Congress to correct the unjust legislation of the States, so far that the law which operates upon one man shall operate equally upon all.” Id., at 2459. Moreover, Stevens’ later statements indicate that he did not believe there was a difference “in substance between the new proposal and” earlier measures calling for impartial and equal treatment without regard to race. U. S. Brown Reargument Brief 44 (noting a distinction only with respect to a suffrage provision). And, Bingham argued that the need for the proposed text was “one of the lessons that have been taught … by the history of the past four years of terrific conflict” during the Civil War. Cong. Globe, 39th Cong., 1st Sess., at 2542.
