Slavery on the Ballot and Involuntary Servitude in Prisons
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by Erik Liu
On January 31, 1865, the 13th Amendment was passed by Congress, thereby abolishing slavery in the United States forever. However, there is a slight loophole in the amendment which has left hundreds of thousands of people in a recurring system of slavery today.
The first section of the 13th Amendment states: “Neither slavery nor involuntary servitude, except as a punishment for the crime of which the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
The loophole in the amendment seems obvious – involuntary servitude in prisons is a ‘legal’ form of slavery, often used as punishment for crimes. Prisons across the nation are legally authorized to implement harsh labor for the incarcerated, often for little to no pay.
This clause became the foundation for forced labor which gradually evolved during the late 1800s. Mechanisms such as convict leasing and new “Black Codes” were quickly passed by state legislatures. These codes specifically targeted Black people to send them to prison. Prisoners (disproportionally Black people) were leased into a new system of slavery, often in dangerous working conditions.
Despite its history, involuntary servitude is still legal in many states. This system, which is not only inhumane, also sees a significant amount of discrimination. An ACLU report revealed that jobs of high pay and jobs that improved employment prospects upon release were typically handed to white people, while people of color were allocated towards harsher, inadequate jobs. Nearly half of U.S. states have a clause built into their constitutions that defends the use of slavery or involuntary servitude.
More recently, however, many states have also voted for its abolishment. While Rhode Island banned it in 1842, recent developments banned it in Colorado in 2018. Two years later, Utah and Nebraska banned it as well.
And now, nearly 159 years after slavery was officially abolished, the contentious issue of slavery is now on the ballots again. On November 5th, citizens of California and Nevada voted on the topic of involuntary servitude.
Millions of Californians voted on Proposition 6, an amendment to the state constitution that would end mandatory work in prisons. Labor would still exist, but only on a voluntary basis. The measure failed to pass, marking California’s second failed attempt in this regard. This comes as concerns have risen over potential costs of higher wages, which may lead to a financial burden on taxpayers.
In contrast, Nevada voted to formally abolish involuntary servitude as a punishment, one of several states to do so. This change marks a strong step towards eliminating outdated and harmful language enshrined in our constitution. Advocates argue that this is the right step towards criminal justice reform, where the prison system disproportionately impacts marginalized communities.
Regardless, it seems that voters have made their choices, each with significant implications for the future.
References:
https://abcnews.go.com/Politics/slavery-involuntary-servitude-ballot-states/story?id=115270058
https://www.aclu.org/news/human-rights/captive-labor-stories-of-involuntary-servitude
https://apnews.com/article/2022-midterm-elections-slavery-on-ballot-561268e344f17d8562939cde301d2cbf
https://calmatters.org/politics/elections/2024/11/california-election-result-proposition-6-fails/
https://stateline.org/2022/08/22/yes-slavery-is-on-the-ballot-in-these-states/
https://supreme.justia.com/cases/federal/us/240/328/
https://constitutioncenter.org/the-constitution/amendments/amendment-xiii/interpretations/137
https://eji.org/news/history-racial-injustice-convict-leasing/
https://www.fox5vegas.com/2024/11/06/how-did-nevadans-vote-key-ballot-measures/
