Repeal of exceptions to slavery and involuntary servitude facts for kids
The 13th Amendment to the U.S. Constitution is a very important part of American law. It says that slavery and forced labor are not allowed in the United States. However, there's a small but significant part of the amendment called the "exception clause." This clause says that forced labor is allowed as a punishment for a crime if someone has been found guilty.
In recent years, many people have started a movement to remove this exception clause from both the federal (nationwide) and state constitutions. They believe that no one should be forced to work, even as a punishment for a crime.
Contents
What the 13th Amendment Says
The 13th Amendment was passed after the Civil War to officially end slavery. It has two main parts.
Section 1: No Slavery or Forced Labor
The first part of the 13th Amendment, Section 1, clearly states:
- Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
This means that generally, no one can be forced to work against their will. But the words "except as a punishment for crime" are what people are now discussing and trying to change.
State Laws on Forced Labor
Just like the U.S. Constitution, many state constitutions also have rules about slavery and forced labor. Some states have the same "exception clause" as the 13th Amendment, while others have recently removed it.
States with the Exception Clause
Many states still have laws in their constitutions that say forced labor is okay if it's a punishment for a crime. Here are a few examples:
- Arkansas: "There shall be no slavery in this State, nor involuntary servitude, except as a punishment for crime."
- California: "Slavery is prohibited. Involuntary servitude is prohibited, except to punish crime."
- Michigan: "Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State."
- Ohio: "There shall be no slavery in this state; nor involuntary servitude, unless for the punishment of crime."
These states' laws are similar to the federal 13th Amendment, allowing forced labor for convicted criminals.
States Without the Exception Clause
Some states have recently changed their constitutions to remove the exception clause. This means they no longer allow forced labor as a punishment for a crime.
- Alabama: In 2022, Alabama voters approved changes to their constitution. Now it says: "That no form of slavery shall exist in this state; and there shall not be any involuntary servitude." The part about punishment for a crime was removed.
- Colorado: In 2018, Colorado was the first state to remove this exception. Their constitution now states: "There shall never be in this state either slavery or involuntary servitude."
- Oregon: In 2022, Oregon also changed its constitution. It now says: "There shall be neither slavery nor involuntary servitude in this state." It also adds that courts can still order things like community service or treatment as part of a sentence.
- Vermont: In 2022, Vermont updated its constitution to say: "slavery and indentured servitude in any form are prohibited." This was a big change from its older, more complicated wording.
These changes show a growing effort to completely ban all forms of forced labor, even for those who have committed crimes.
Efforts to Change the Law
People and lawmakers across the United States are working to change these laws. They believe that the exception clause allows for unfair practices, especially in prisons, where inmates might be forced to work for very little or no pay.
State-Level Changes
- Colorado led the way in 2018 by removing the exception clause from its state constitution.
- Utah and Nebraska followed in 2020, with voters approving changes to remove the clause.
- In 2022, Alabama, Oregon, and Vermont also saw their voters approve similar changes.
- Tennessee also changed its constitution in 2022. While it removed the exception clause, it added a new part that says it doesn't stop inmates from working if they have been convicted of a crime. This is similar to Utah's 2020 change, which clarified that the ban doesn't stop the normal running of the criminal justice system.
Federal-Level Efforts
In 2021, two lawmakers, Nikema Williams and Jeff Merkley, introduced a bill in the U.S. Congress. This bill aims to remove the exception clause from the U.S. Constitution itself. If passed, it would mean that forced labor as a punishment for a crime would no longer be allowed anywhere in the United States.
California's Attempt
California also tried to remove the exception clause from its state constitution in 2022. The idea passed in the California State Assembly, but it didn't get enough votes in the State Senate, so it wasn't put on the ballot for voters to decide.
Why People Want Change
People who want to remove the exception clause argue that it is a leftover from the time of slavery. They believe it allows for a system where people, especially those in prison, can be exploited and forced to work without fair pay or conditions. They argue that true freedom means no one should be forced into labor, regardless of their situation.
See also
- 13th (film)
- Penal labor in the United States
- Convict lease
- Felony disenfranchisement in the United States
