r the opportunity for the development of other strong political
organizations where the need is felt for them by a sizable block of
voters. Such parties may leave their electors to their own choice. We
conclude that the Twelfth Amendment does not bar a political party from
requiring the pledge to support the nominees of the National
Convention. Where a state authorizes a party to choose its nominees for
elector in a party primary and to fix the qualifications for the
candidates, we see no federal constitutional objection to the
requirement of this pledge."[6] Justice Jackson conceding that "as an
institution the Electoral College suffered atrophy almost
indistinguishable from _rigor mortis_," nevertheless dissented on the
following ground: "It may be admitted that this law does no more than to
make a legal obligation of what has been a voluntary general practice.
If custom were sufficient authority for amendment of the Constitution by
Court decree, the decision in this matter would be warranted. Usage may
sometimes impart changed content to constitutional generalities, such as
'due process of law,' 'equal protection,' or 'commerce among the
states.' But I do not think powers or discretions granted to federal
officials by the Federal Constitution can be forfeited by the Court for
disuse. A political practice which has its origin in custom must rely
upon custom for its sanctions."[7]

Notes

[1] By the Twentieth Amendment, adopted in 1933, the term of the
President is to begin on the 20th of January.

[2] Under the Twentieth Amendment, Sec. 3, in case a President is not
chosen before the time for beginning of his term, the Vice
President-elect shall act as President, until a President shall have
qualified.

[3] 3 U.S.C.A. Sec. 17.

[4] Ray _v._ Blair, 343 U.S. 214 (1952).

[5] Ibid. 218-219.

[6] Ibid. 228-231.

[7] Ibid. 232-233.

AMENDMENT 13

SLAVERY AND INVOLUNTARY SERVITUDE

Page
Origin and purpose of the amendment 949
Peonage 950
Discriminations and legal compulsions less than servitude 951
Enforcement 953

SLAVERY AND INVOLUNTARY SERVITUDE

Amendment 13

Section 1. Neither slavery nor involuntary servitude, except as
a punishment for crime whereof the party shall have been du