Eleanor Finch
The 13th Amendment to the US Constitution, ratified in 1865, abolished slavery in America—except as punishment for a crime. Many states, including Minnesota, adopted the same language. In 2020, lawmakers in Minnesota introduced an amendment to remove the clause from the state's constitution that allows slavery as a punishment for crimes. The amendment's chief author, Rep. John Lesch, acknowledged that the language is narrowly constructed and obsolete, but still inappropriate. The state's constitution must eliminate language that permits any form of slavery, according to Rep. Rena Moran, who co-authored the amendment and is the great-great-granddaughter of slaves.
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What You'll Learn
Lawmakers are trying to change the Minnesota Constitution
In recent years, there has been a movement to repeal the exception clause from state constitutions. In 2018, Colorado became the first state to do so, and similar bills have since passed in Utah, Nebraska, Vermont, and Oregon. Lawmakers in Minnesota have now introduced an amendment to remove the exception clause from the state's constitution. The amendment is co-authored by Minnesota Democratic Rep. Rena Moran, who is the great-great-granddaughter of slaves. She has stated that the amendment is necessary to eliminate language that permits any form of slavery and to help heal the century-old wounds of Black Americans.
The chief author of the amendment, Minnesota Rep. John Lesch, has also spoken out against the existence of language mentioning slavery in the state's constitution, even if it is narrowly constructed and obsolete. He represents the Minnesota Democratic-Farmer-Labor Party, a center-left political party affiliated with the Democratic Party. The effort to remove slavery from the Minnesota state constitution was inspired by St. Paul Police Chief Todd Axtell, who made a Facebook post on December 31, 2019, announcing his New Year's resolution to "ignite a movement" to bring about this change.
The amendment to remove the exception clause from the Minnesota Constitution has received support from various individuals and organizations. St. Paul Police Chief Todd Axtell spoke at a news conference with lawmakers at the state Capitol in support of the amendment. Rep. Dave Pinto, who sponsors a similar bill (HF93), has also voiced his support for removing the exception, stating that it is important to recognize the full humanity of all individuals. The Corrections Commissioner, Paul Schnell, has noted that other states that have amended their constitutions to abolish slavery have not seen any significant changes to sentencing alternative programs, such as community improvement projects for nonviolent offenders.
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The 13th Amendment allowed for an exception
The 13th Amendment to the United States Constitution, passed in 1865, abolished slavery and prohibited involuntary servitude. However, it included a significant exception, stating that "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". This exception has allowed for the continued legal existence of slavery as a punishment for a crime.
Immediately after the passage of the 13th Amendment, Southern states and localities exploited the exception to enact Black Codes and vagrancy laws that targeted newly freed Black individuals. These laws imposed severe restrictions on Black people's freedom of movement, land ownership, assembly, and employment, with punishments including incarceration and forced labour through "convict leasing". This practice involved leasing incarcerated individuals to private businesses, perpetuating a form of slavery.
The exception in the 13th Amendment has had enduring consequences, with slavery remaining a part of some state constitutions, including Minnesota. Article I, Section 2 of the Minnesota Constitution states: "There shall be neither slavery nor involuntary servitude in the state otherwise than as punishment for a crime of which the party has been convicted." This language reflects the exception in the 13th Amendment and has sparked efforts to amend the state's constitution. Lawmakers in Minnesota have introduced an amendment to remove the clause that permits slavery as a form of criminal punishment.
The movement to abolish the exception from state constitutions has gained momentum in recent years. In 2018, Colorado became the first state to repeal the exception clause, and similar amendments have since been passed in Utah, Nebraska, Vermont, and Oregon. Other states, such as Alabama, have approved measures to remove racist language and the exception clause from their constitutions. These efforts reflect a growing recognition of the need to eradicate any form of slavery and heal century-old wounds, as stated by Minnesota Representative Rena Moran, who co-authored the amendment and is the great-great-granddaughter of slaves.
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The legacy of slavery in Minnesota
During the early years of European exploration, the area that is now Minnesota was part of New France and governed by its slavery laws. When Fort Snelling was established in 1820, it became a centre of government-sanctioned slavery, with enslaved labourers used for cooking, cleaning, and other household chores. Despite federal laws prohibiting slavery in the region, such as the Northwest Ordinance of 1787 and the Missouri Compromise of 1820, these laws were often not enforced, and slavery persisted.
The influence of slaveholders extended beyond the direct practice of slavery. Even before Minnesota became a territory in 1849, many of the state's founding fathers, including prominent figures like John Prince and Henry Sibley, worked for slaveholding companies or individuals. This financial connection to slavery continued even after Minnesota's admission as a free state, as the state turned a blind eye to southern tourists bringing slaves with them during their visits. This period of legalised slavery lasted for 14 months and was driven by the state's desire for tourism dollars.
In conclusion, the legacy of slavery in Minnesota is a multifaceted issue that involves historical instances of slavery, the influence of slaveholders on the state's economy and politics, and the lingering presence of slavery in the state's legal framework. While Minnesota has taken steps towards acknowledging and addressing this legacy, the impact of slavery continues to shape the state's present-day society and communities.
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The process of amending the Minnesota Constitution
The Constitution of the State of Minnesota currently allows slavery as a punishment for crimes. Lawmakers have introduced an amendment to remove this exception, which will receive a hearing in the House Judiciary Committee. The amendment's chief author, Minnesota Rep. John Lesch, acknowledged that the language mentioning slavery in the constitution is inappropriate, even if obsolete. Rep. Rena Moran, who co-authored the amendment, emphasized the need to eliminate language that permits any form of slavery, acknowledging the multi-generational trauma experienced by Black Americans due to slavery.
- Proposal: The amendment must be proposed and drafted. In the case of the slavery exception amendment, it was introduced by lawmakers, specifically sponsored by Rep. Dave Pinto, and co-authored by Rep. John Lesch and Rep. Rena Moran.
- Legislative Approval: The proposed amendment must be approved by the Minnesota Legislature. This typically involves debates, committee hearings, and votes in both houses of the legislature (the House and the Senate).
- Voter Approval: If the amendment is approved by the legislature, it is then put before the voters of Minnesota for their approval. This step ensures that any changes to the constitution are made with the consent of the state's citizens.
- Ratification: If a majority of voters approve the amendment, it is officially ratified and becomes part of the Minnesota Constitution. The constitution is then updated to reflect the changes.
It is worth noting that the process of amending a state constitution can vary slightly from state to state. Additionally, in some cases, there may be specific requirements or procedures outlined in the state constitution itself that must be followed when making amendments.
The effort to remove the slavery exception from the Minnesota Constitution is part of a broader movement in the United States to repeal similar exception clauses from both federal and state constitutions. States like Colorado, Utah, Nebraska, Vermont, and Oregon have already successfully amended their constitutions to abolish all forms of slavery without exception.
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The impact of changing the constitution on community service programs
The Minnesota Constitution currently allows slavery as a punishment for crimes, with Article 1, Section 2 stating: "There shall be neither slavery nor involuntary servitude in the state otherwise than as punishment for a crime of which the party has been convicted." However, lawmakers have introduced an amendment to remove this clause, recognizing the inappropriateness of such language in the constitution. This change aims to address the multi-generational trauma experienced by Black Americans due to slavery.
The proposed amendment in Minnesota specifically targets language in the constitution that permits any form of slavery or involuntary servitude. Similar amendments have been passed in other states, such as Colorado in 2018, without significant changes to community service programs. Corrections Commissioner Paul Schnell affirmed that other states that have amended their constitutions have not witnessed notable impacts on community service programs.
Community service programs, particularly those involving high school students, can have a profound impact on individuals' attitudes and awareness of community needs. They provide opportunities for personal growth, enhanced perspective, and a better understanding of the importance of contributing to one's community. Additionally, community engagement fosters participation in local government decisions and empowers citizens to protect and promote community resources.
However, it is essential to recognize that community service programs must be carefully structured to respect individuals' rights and avoid civil conscription. The impact of such programs can vary, and they may face challenges such as the potential disruption of existing support systems within communities. Overall, while the direct impact of changing the constitution on community service programs may be minimal, the symbolic significance of removing language that permits slavery or involuntary servitude is a crucial step towards healing and recognizing the humanity of all individuals.
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Frequently asked questions
Yes, the Minnesota Constitution allows slavery as punishment for a crime. Article 1, Section 2 of the Minnesota Constitution states: "There shall be neither slavery nor involuntary servitude in the state otherwise than as punishment for a crime of which the party has been convicted."
In 2020, lawmakers introduced an amendment to remove the clause that allows slavery to be used as a punishment for crimes. The amendment was authored by Minnesota Democratic Rep. Rena Moran, who is the great-great-granddaughter of slaves.
The amendment has sparked conversations about the moral and ethical implications of a penal system rooted in American slavery. It has also provided a pathway for healing century-old wounds and addressing the multi-generational trauma carried by Black Americans.
