"The importance to thirteenth amendment jurisprudence of this concern about invidious social meanings is most evident in the Court’s interpretation of the second section of the amendment, which provides that “Congress shall have power to enforce this article by appropriate legislation.” This provision, the Court has held, “authorizes Congress not only to outlaw all forms of slavery and involuntary servitude but also to eradicate the last vestiges and incidents of a society half slave and half free. . . .” On the basis of this interpretation, the Court in Jones v. Alfred H. Mayer Co. sustained Congress’ authority to outlaw private racial discrimination: “Congress has the power under the Thirteenth Amendment to determine what are the badges and incident of slavery, and the authority to translate that determination into effective legislation.” Tribe thinks that this language, if read literally, grants to Congress a power to protect individual rights “which is as open-ended as its power to regulate interstate commerce.” But unlike the thirteenth amendment, the commerce clause does not specify the evil which Congress is empowered to eliminate. If the thirteenth amendment authorizes congress to eradicate the badges of slavery-even those which, as in Jones, do not directly impose involuntary servitude-this can only be because they, too, are among the evils that the amendment forbids."