Slavery, Incarceration, And The Us Constitution: A Dark Legacy

The U.S. Constitution, drafted in 1787 and ratified in 1789, did not contain the words slave or slavery within its text. However, it directly addressed American slavery in several provisions and indirectly protected the institution. The three-fifths clause, for example, gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Fugitive Slave Clause also protected slaveholding interests. The Constitution's ambiguous stance on slavery, along with its absence of a bill of rights, reflected the compromises made during its drafting to maintain political unity. These compromises laid the foundation for future conflicts, including the Civil War, and contributed to the legacy of slavery in the United States, impacting incarceration, voting rights, and fair housing. The 13th Amendment, passed in 1865, finally abolished slavery in the nation.

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The 13th Amendment abolished slavery but allowed involuntary servitude as punishment for a crime

The 13th Amendment to the U.S. Constitution, passed by Congress on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. The amendment states 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, or any place subject to their jurisdiction."

The 13th Amendment was the culmination of a decades-long debate over slavery and the Constitution. While the word "slave" does not appear in the original Constitution, the document included several provisions that directly or indirectly protected the institution of slavery. These included the Three-Fifths Clause, which counted three-fifths of a state's slave population in apportioning representation, giving the South more power in the House of Representatives and the Electoral College. Another was the Fugitive Slave Clause, which required the return of runaway slaves to their owners.

The framers of the Constitution were aware of the moral issues surrounding slavery, but they prioritized political unity and made concessions to gain the support of southern delegates. As a result, the Constitution was interpreted as both pro-slavery and anti-slavery, depending on the perspective. For example, while it granted Congress the power to make rules for the territories, it also included the Preamble, which stated that the federal government's purpose was to "secure the blessings of liberty."

In 1863, President Lincoln issued the Emancipation Proclamation, declaring all persons held as slaves in rebelling states to be free. However, this did not end slavery nationwide, as it only applied to areas of the Confederacy in rebellion and not to border states that remained in the Union. Lincoln recognized that a constitutional amendment was needed to guarantee the abolishment of slavery. The 13th Amendment was passed at the end of the Civil War, and it finally abolished slavery and prohibited involuntary servitude in the United States.

However, the amendment included an exception for involuntary servitude as punishment for a crime. This has been interpreted to allow for prison labour and other forms of bound labour, such as temporary government, jury, and military service. The enforcement clause in Section Two of the 13th Amendment has been used to fight racial discrimination in various sectors, including private employment, public transportation, and housing.

The loophole in the 13th Amendment led to the mass incarceration of Black people

The 13th Amendment, passed at the end of the Civil War, was intended to abolish slavery and involuntary servitude in the United States. However, it included a significant loophole, which allowed for "involuntary servitude" as a punishment for those convicted of crimes. This exception has had long-term consequences, contributing to the mass incarceration of Black people in the United States.

The 13th Amendment, ratified in 1865, 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." The inclusion of the phrase "except as a punishment for crime" created a loophole that allowed for the continued economic benefits of slavery through the prosecution and imprisonment of Black Americans, particularly for minor or ill-defined crimes such as vagrancy.

Following the Civil War, Southern states faced economic challenges due to the loss of free labor. To address this, some states implemented convict leasing and enforced Black Codes, which criminalized a range of behaviours for freed slaves, including lack of employment and participation in non-agricultural businesses. This resulted in a large number of Black people being incarcerated and their labour being leased out to those who paid small fees to the government.

The loophole in the 13th Amendment has been linked to the disproportionate incarceration of Black people in the United States, who are imprisoned at more than five times the rate of white people. This has led to the exploitation of their unpaid or underpaid labour, with some arguing that this constitutes a form of modern-day slavery.

Efforts have been made to address this issue, including a 2020 proposal by congressional Democrats to amend the Constitution and eliminate the language that permits slavery and involuntary servitude as criminal punishment. While this amendment did not pass, some states have taken steps to amend their own constitutions to remove similar language.

Prison labour became a major issue in the 1980s

The connections between the US Constitution, slavery, and incarceration are complex and deeply rooted in the country's history. While the Constitution, drafted in 1787 and ratified in 1789, did not explicitly mention the word "slave" or "slavery", it directly addressed American slavery in several provisions and indirectly protected the institution. The Three-Fifths Clause and the Fugitive Slave Clause are often cited as examples of the Constitution's pro-slavery stance, as they protected slaveholding interests and required the return of runaway slaves to their owners. The economic and political realities of slavery also influenced the language and compromises made during the Constitutional Convention.

The 13th Amendment, passed in 1865, abolished slavery in the United States, 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 set the stage for the continued use of forced labour in the prison system.

Prison labour has been a contentious issue in the United States for decades. It became a particularly prominent issue in the 1980s due to several economic and social factors. The deindustrialization of the US economy, the dismantling of social service programs, and the prison construction boom all contributed to a significant increase in the rate of imprisonment, particularly for women and racial minorities.

During this time, the private sector wage labour was reintroduced into the national prison system, and prisons began to be viewed as a source of cheap labour. The Prison Industry Enhancement Certification Program, established in 1979, allowed for prison labour to be utilized by the private sector. This led to the emergence of private-sector prisons as a cost-effective solution to the increasing incarceration rates.

Prisoners may be leased out to perform a variety of jobs, including constructing luxury apartments, farming, or working as janitors. However, workplace injuries and health issues are common and often go unrecorded or poorly treated. The right to unionize and bargain for better wages and working conditions has been a challenging issue for incarcerated workers, as they are often not recognized as "employees" under the National Labor Relations Act of 1935 (NLRA). Prison strikes and protests have been framed as violent uprisings, and the public's negative perception of incarcerated individuals has further hindered progress in this area.

In recent years, lawsuits have been filed alleging that states intentionally deny parole to maintain a source of profit through prison labour. The practice of prison labour and its connection to the broader prison-industrial complex continue to be a complex and controversial issue in the United States.

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Prison slavery is often disguised as a rehabilitation or educational program

The United States Constitution, which came into effect in 1789, did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution in other parts of the document. The framers of the Constitution consciously avoided using the word "slave" and instead used euphemisms like "Person held to Service or Labour" to sidestep the moral confrontation while preserving the institution. The economic and political realities of slavery also made substantive action impossible during the Constitutional Convention.

The 13th Amendment to the U.S. Constitution, which was passed in 1865, abolished slavery and prohibited involuntary servitude, except as punishment for a crime. This exception has led to the exploitation of incarcerated individuals through penal labor, which is often disguised as a rehabilitation or educational program.

Penal labor, or prison slavery, is the practice of using incarcerated individuals to perform various types of work, either for government-run or private industries. Inmates typically engage in tasks such as manufacturing goods, providing services, or working in maintenance roles within prisons. While inmates are paid for their labor in most states, they usually receive less than $1 per hour, which is below the federal minimum wage. Some states, such as Arkansas, Georgia, and Texas, do not pay inmates for any work, whether inside the prison or in state-owned businesses. In addition, inmates who are required to work often receive minimal to no job training, compromising their health and safety.

Prison labor is often justified as a means of providing inmates with job skills that can be used after their release. However, this is often a disguise for exploiting cheap labor and maximizing profits. The system has undergone many transitions since the late 19th century, with restrictions imposed on the interstate trade of prison-made goods and the expansion of prison labor during the Great Depression.

Social science research indicates that each inmate possesses unique "criminogenic factors" that contribute to their criminal behavior, such as criminal history, substance abuse, and education level. Correctional education programs have been shown to reduce the likelihood of returning to prison, with inmates who participate in such programs having 43% lower odds of recidivism. The Federal Bureau of Prisons is currently undertaking reforms to reduce recidivism and strengthen public safety by focusing on evidence-based rehabilitation strategies that address the core behavioral issues that result in criminality.

Prison labour laws exclude incarcerated people from minimum wage and labour rights protection

The United States Constitution, ratified in 1789, did not contain the words "slave" or "slavery" within its text. Still, it directly addressed American slavery in at least five provisions and indirectly protected the institution in other ways. The infamous three-fifths clause, which counted three-fifths of a state's slave population when apportioning representation, gave southern states more representation in the House of Representatives and extra votes in the Electoral College. The three-fifths clause, along with the Fugitive Slave Clause, protected the interests of slaveholders.

The 13th Amendment to the US Constitution, passed in 1865, abolished slavery in the United States. However, it included an exception clause that allowed slavery and involuntary servitude as punishment for a crime. This exception clause has had a significant impact on the mass incarceration and continued exploitation of Black and Brown communities in the US.

Prison labour laws in the US explicitly exclude incarcerated people from minimum wage protections and other labour rights. Incarcerated workers are not covered by minimum wage laws, overtime protection, the right to unionize, or workplace safety guarantees. They are subject to arbitrary and punitive decisions by prison administrators and often face dangerous working conditions without proper training or protective equipment.

Incarcerated workers surveyed by the Bureau of Justice Statistics reported being required to work, facing punishment such as solitary confinement or the loss of family visitation if they refused. They earned, on average, between 13 cents and 52 cents per hour, with the government taking up to 80% of these wages for "room and board," court costs, and other fees. This leaves incarcerated workers struggling to afford basic necessities, with their families often having to provide financial support.

Prison labour programs have been criticized for violating fundamental human rights, with calls for reforms to ensure that prison work is voluntary and that incarcerated workers receive fair pay, proper training, and transferable skills. The report by the University of Chicago Law School's Global Human Rights Clinic and the ACLU highlights how incarcerated workers' labour generates billions of dollars worth of goods and services annually, yet they are denied basic labour rights and protections.

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