[dragonwriter]

Actually, ensuring that states provide equal protection of the laws to all persons, that states do not deprive persons of life, liberty, or property without due process, and that states do not abridge the privileges and immunities of US citizens is an enumerated power of Congress; see the Fourteenth Amendment, particularly sections 1 and 5.

[zeveb]

You make a good point. I suppose one might be able to justify such a commission on that basis (although that itself indicates the problem with the post-Civil War order).