Bailey v. Alabama

1. For an outstanding book on various forms of involuntary servitude in the post-Civil War South, see Douglas Blackmon, Slavery by Another Name.

2. Alabama did a couple of things that got the conviction reversed: (1) make it a crime to borrow money and not pay it back in certain (though not all) circumstances; (2) create a presumption of intent to defraud; (3) not permit the defendant to testify as to unspoken intent. Does it take all of these to make the statute a violation of the 13th amendment?

3. What do you think of the Holmes dissent? Is he right to say that the fact that the case is from Alabama as opposed to New York should make no difference? Is he right to say that the fact that the statute may have a disproportionate effect on blacks does not matter?

4. Does Holmes says that inducing a person to perform a contract via damages isn't constitutionally different than a fine or imprisonment? If so, can the court make distinctions in degree for purposes of the 13th amendment?

Supreme Court of the United States

219 U.S. 219, 55 L. Ed. 191, 31 S. Ct. 145, 1911 U.S. LEXIS 1633, SCDB 1910-063

No. 300

1911-01-03

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