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The Thirteenth Amendment to the United States Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and involuntary servitude in the United States and its territories, marking a transformative moment in American history. Prior to the Thirteenth Amendment, the Constitution included provisions that accommodated slavery without explicitly mentioning it, such as the Three-Fifths Compromise. The Amendment's first section declares, 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 unique declaration not only ended chattel slavery in the Southern United States but also restricted other forms of bound labour. The Amendment is considered distinctive, as it empowers Congress to enforce Section One through appropriate legislation, signalling a broad scope for congressional power.
| Characteristics | Values |
|---|---|
| Date passed by Congress | 31 January 1865 |
| Date passed by Senate | 8 April 1864 |
| Date of ratification | 6 December 1865 |
| Date of proclamation | 18 December 1865 |
| Number of states ratifying the amendment | 27 out of 36 |
| Section 1 | "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." |
| Section 2 | "Congress shall have power to enforce this article by appropriate legislation." |
| Impact | Ended chattel slavery in the southern United States |
| Restricted other forms of bound labour and servitude, including indentured servitude and peonage | |
| Abolished slavery and involuntary servitude |
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What You'll Learn
- The Thirteenth Amendment abolished slavery and involuntary servitude
- It was passed by Congress in 1865 and ratified by 27 states
- The Amendment was the first explicit mention of slavery in the Constitution
- Section One may have abolished all racially discriminatory practices
- Section Two empowered Congress to enforce Section One
The Thirteenth Amendment abolished slavery and involuntary servitude
The Thirteenth Amendment to the United States Constitution, ratified in 1865, abolished slavery and involuntary servitude across the nation and its territories, marking a transformative moment in American history. The first section of the Amendment 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 explicit mention of slavery in the Constitution was unique, as previous provisions only obliquely acknowledged and accommodated the institution of slavery.
Prior to the Thirteenth Amendment, the Constitution included several provisions regarding unfree persons, such as the Three-Fifths Compromise in Article I, Section 2, Clause 3, which allocated Congressional representation based on a combination of the whole number of free persons and "three-fifths of all other persons." This compromise was designed to handle the substantial enslaved population across the country, specifically for measuring the number of seats individual states should have in the House of Representatives.
The Thirteenth Amendment not only abolished chattel slavery, which was the predominant form of slavery in the southern United States, but also restricted other forms of bound labour and servitude, such as indentured servitude and peonage. The Amendment's impact was immediate and powerful, and it is considered a solemn promise that slavery would never again exist in the nation.
The Thirteenth Amendment, along with the Fourteenth and Fifteenth Amendments, greatly expanded the civil rights of Americans, particularly those who had previously been enslaved. The Fourteenth Amendment granted citizenship and equal protection under the law to all persons born in the United States, including former slaves, while the Fifteenth Amendment prohibited the denial of the right to vote based on race, colour, or previous condition of servitude.
While the Thirteenth Amendment has not been frequently invoked in recent times, its historical significance is undeniable. It fulfilled its purpose by eradicating slavery and providing the legal framework for numerous laws that prevent and punish any form of coerced labour. The Amendment stands as a testament to the nation's commitment to freedom and equality for all.
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It was passed by Congress in 1865 and ratified by 27 states
The Thirteenth Amendment to the United States Constitution, passed by Congress on January 31, 1865, and ratified on December 6, 1865, abolished slavery and involuntary servitude in the United States, with the exception of those duly convicted of a crime. The Amendment was passed by the Senate in April 1864 but initially failed in the House. It was only after President Abraham Lincoln's Emancipation Proclamation, which declared that all persons held as slaves in rebellious states "shall be then, thenceforward, and forever free", that the House of Representatives passed the Amendment on January 31, 1865.
The Amendment was then ratified by the required number of states (27 out of 36) on December 6, 1865, and proclaimed on December 18, 1865. This process involved gaining approval from three-fourths of state legislatures, including those that had been in rebellion. The Thirteenth Amendment was a transformative moment in American history, as it was the first explicit mention of slavery in the Constitution, barring all persons from holding enslaved persons or engaging in other forms of involuntary servitude.
The Amendment's immediate impact was the abolition of chattel slavery as practised in the southern United States. It also restricted other forms of bound labour and servitude, such as indentured servitude and peonage. The Thirteenth Amendment, along with the Fourteenth and Fifteenth Amendments, greatly expanded the civil rights of Americans, with the Fourteenth Amendment granting citizenship and equal protection under the law to all persons born in the United States, including former slaves.
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The Amendment was the first explicit mention of slavery in the Constitution
The Thirteenth Amendment to the United States Constitution, passed on January 31, 1865, and ratified on December 6, 1865, was a significant moment in American history as it abolished slavery and prohibited involuntary servitude, except as punishment for a crime. This amendment was the first explicit mention of slavery in the Constitution, marking a crucial step towards freedom and equality.
Prior to the Thirteenth Amendment, the Constitution did not directly use the words "slave" or "slavery." Instead, it included provisions that indirectly addressed the issue of unfree persons. For example, the Three-Fifths Compromise, mentioned in Article I, Section 2, Clause 3, was a compromise that allocated Congressional representation based on a combination of the whole number of free persons and three-fifths of all other persons, including enslaved individuals. This compromise was designed to handle the apportionment of the substantial enslaved population across the country and determine the number of seats for each state in the House of Representatives.
The absence of the explicit terms "slave" and "slavery" in the original Constitution reflected the complex and contentious nature of the issue during the nation's early years. The founding fathers had to navigate the differing views and interests of the Southern and Northern states regarding slavery. The Three-Fifths Compromise was an attempt to strike a balance between these differing perspectives.
The Thirteenth Amendment changed this by directly addressing slavery and involuntary servitude. The first section of the Amendment 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 clear and direct language left no room for ambiguity, ensuring that the practice of slavery would be eradicated from the nation.
The inclusion of "slavery" in the Thirteenth Amendment marked a significant shift in the Constitution's approach to this issue. By explicitly mentioning slavery, the Amendment provided a strong foundation for the protection of civil rights and the pursuit of equality. It empowered Congress to enforce this article through appropriate legislation, as stated in Section 2 of the Amendment. This language gave Congress broad scope and the authority to pass laws necessary for abolishing all badges and incidents of slavery.
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Section One may have abolished all racially discriminatory practices
The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. Before the Thirteenth Amendment, the US Constitution did not explicitly use the words "slave" or "slavery" but included several provisions about unfree persons. The Three-Fifths Compromise, Article I, Section 2, Clause 3 of the Constitution, allocated Congressional representation based on "the whole Number of free Persons" and "three-fifths of all other Persons". This clause was a compromise between Southern politicians who wanted enslaved African Americans to be counted as "persons" for congressional representation and Northern politicians who rejected this idea out of concern for too much power for the South.
Section One of the Thirteenth Amendment may have abolished all racially discriminatory practices. It 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 Amendment was passed by the Senate on April 8, 1864, and by the House of Representatives on January 31, 1865. It was ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18, 1865.
The Thirteenth Amendment was the first of three Reconstruction Amendments adopted following the American Civil War. President Abraham Lincoln's Emancipation Proclamation, which came into effect on January 1, 1863, declared that those enslaved in Confederate-controlled areas were free. However, it did not end slavery in the nation since it only applied to areas of the Confederacy currently in rebellion. Lincoln recognised that the Emancipation Proclamation would need to be followed by a constitutional amendment to guarantee the abolishment of slavery.
The Thirteenth Amendment enjoyed a swell of attention during the period when the DOJ successfully prosecuted Elizabeth Ingalls for keeping domestic servant Dora L. Jones in conditions of slavery. The court found that Jones was "a person wholly subject to the will of [Ingalls]; that she was one who had no freedom of action and whose person and services were wholly under the control of [Ingalls] and who was in a state of enforced compulsory service to [Ingalls]."
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Section Two empowered Congress to enforce Section One
The Thirteenth Amendment to the United States Constitution, ratified in 1865, was a transformative moment in American history, as it abolished slavery and involuntary servitude, except as punishment for a crime. The Amendment's first section declares:
> "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."
Section Two of the Thirteenth Amendment empowers Congress to enforce Section One "by appropriate legislation". This language, unique to constitutional amendments at the time, echoed the Supreme Court's decision in McCulloch v. Maryland in 1819, where the court referred to "appropriate" federal laws to signal a broad scope for congressional power.
The Supreme Court has interpreted Section Two as authorising Congress to pass all laws necessary and proper for abolishing all badges and incidents of slavery in the United States. This interpretation permits Congress to forbid certain private acts and not just the acts of states.
As an early exercise of Section Two powers, Congress passed the Civil Rights Act of 1866, which the Supreme Court construed as prohibiting racial discrimination. The Thirteenth Amendment, therefore, not only abolished slavery but also empowered Congress to enforce this abolition and pass broad-ranging civil rights laws.
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Frequently asked questions
The Thirteenth Amendment abolished slavery and involuntary servitude in the United States, except as punishment for a crime.
The immediate impact of the Thirteenth Amendment was the abolition of chattel slavery as it was practised in the southern United States.
The Thirteenth Amendment is unique because it bars every person from holding enslaved people or engaging in other forms of involuntary servitude. Most constitutional provisions only constrain or regulate the government. It is also the first explicit mention of slavery in the Constitution.
The current relevance of the Thirteenth Amendment is subject to debate. Some argue that it governs the fairness of modern labour practices and empowers Congress to pass broad-ranging civil rights laws.
