Eleanor Finch
Involuntary servitude, or slavery, is a legal and constitutional term for a person laboring against their will to benefit another under some form of coercion. The Thirteenth Amendment to the United States Constitution, passed in 1865, prohibits slavery and involuntary servitude, barring every person from holding slaves or engaging in other forms of involuntary servitude. However, the Amendment does allow for a person convicted of a crime to be forced to work, as in the case of prison labor. The scope of the term involuntary servitude and its application in various contexts, such as in the case of people with disabilities or in the interpretation of contractual obligations, have been the subject of legal debates and Supreme Court decisions.
| Characteristics | Values |
|---|---|
| Definition | Involuntary servitude, or slavery, is a legal and constitutional term for a person laboring against their will to benefit another, under some form of coercion. |
| Legal Status | The Thirteenth Amendment to the US Constitution makes involuntary servitude illegal under any US jurisdiction, whether at the hands of the government or in the private sphere, except as punishment for a crime. |
| Exceptions | Prison labour, military service, jury duty, and other civic obligations are generally excluded from the definition of involuntary servitude. |
| Global Perspective | The Constitution of Malaysia and the Constitution of the Philippines also include provisions prohibiting involuntary servitude and slavery. |
| Disability Rights | Involuntary servitude has been used to describe the exploitation of individuals with disabilities in institutions, where they are denied opportunities for community integration and forced to work to sustain the institution. |
| Psychological Coercion | The definition of involuntary servitude is debated, with some arguing that psychological coercion, such as isolation and substandard living conditions, can constitute involuntary servitude, while others disagree. |
| Abortion Rights | Some argue that abortion rights fall under the scope of freedom from involuntary servitude, as denying abortion could subject women to forced pregnancy and child-bearing. |
| Taxation and Education | Some libertarians consider income taxation and compulsory schooling as forms of involuntary servitude. |
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What You'll Learn
The Thirteenth Amendment
Involuntary servitude, or slavery, is a legal term referring to a person labouring against their will to benefit another under some form of coercion. This can include forced labour in prisons, as well as other forms of unfree labour. The Thirteenth Amendment makes involuntary servitude illegal under any US jurisdiction, whether at the hands of the government or in the private sphere.
The Supreme Court has interpreted the Thirteenth Amendment to allow for certain forms of public service, such as military service and jury duty, and for Congress to enforce the ban on slavery and involuntary servitude through appropriate legislation. Despite its significance in abolishing chattel slavery in the southern United States, the Amendment's relevance in modern times is debated, with questions arising around its governance of fair labour practices and its empowerment of Congress to pass civil rights laws.
The issue of involuntary servitude for individuals with developmental disabilities has been a focal point of several lawsuits challenging institutional systems in the United States. These lawsuits argued for the extension of Thirteenth Amendment protections to this group, highlighting the segregation and risk of abuse that institutional peonage perpetuated.
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Involuntary servitude in prisons
Involuntary servitude, or involuntary slavery, is a legal and constitutional term for a person labouring against their will to benefit another, under some form of coercion. Prison labour often falls under this definition, as prisoners are forced to work for free or for very little money while serving their sentence.
The Thirteenth Amendment to the United States Constitution, passed in 1865, prohibits slavery and involuntary servitude under any U.S. jurisdiction, whether at the hands of the government or in the private sphere. However, it includes an exception for punishment for a crime: "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 exception has allowed for the continuation of prison labour, as courts have held that inmates may be forced to work and are not protected by the Constitution against involuntary servitude.
Prison labour in the United States has distinct roots in the slavery-era economy and society. The first for-profit prison, which used forced incarcerated labour, was created in New York State with the construction of Auburn Prison in 1817. The products created by prisoners were sold, and the prisoners' labour supported the prison. By the 1820s, nearly all able-bodied male prisoners were contracted to private companies, which paid the prison for their labour. The passage of the Thirteenth Amendment in 1865 abolished slavery and made involuntary servitude illegal, but the exception for punishment for a crime allowed this practice to continue in prisons.
Today, prison labour in the United States generates significant economic output, with incarcerated workers providing services valued at $9 billion annually and producing over $2 billion in goods. Inmates typically engage in tasks such as manufacturing goods, providing services, or working in maintenance roles within prisons. Prison jobs often come with substantial risks to workers' health and safety due to a lack of training, inadequate protective gear, and poor working conditions. The wages for prison jobs are also extremely low, ranging from $0.23 to $1.15 an hour, and deductions for taxes, court costs, and other fees can leave workers with even less.
The issue of involuntary servitude in prisons has been the subject of lawsuits and advocacy efforts. The American Civil Liberties Union (ACLU) has conducted a study on prison labour, documenting the realities of the practice and outlining steps that lawmakers can take to protect the rights of incarcerated workers. These steps include instituting comprehensive safety and training programs, providing marketable skills and training to help inmates find jobs after release, and eliminating licensing restrictions and other forms of discrimination against formerly incarcerated individuals in hiring and employment.
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Involuntary servitude in institutions
Involuntary servitude, or involuntary slavery, is a legal and constitutional term for a person labouring against their will to benefit another, under some form of coercion. This may constitute slavery, although involuntary servitude does not necessarily imply the same complete lack of freedom as chattel slavery. Involuntary servitude is not dependent on compensation or its amount. Prison labour is often referred to as involuntary servitude, with prisoners forced to work for free or very little money.
The Thirteenth Amendment to the United States Constitution, passed in 1865, prohibits slavery and involuntary servitude under any US jurisdiction, whether at the hands of the government or in the private sphere, except as punishment for a crime. However, the Supreme Court has held that the Thirteenth Amendment does not prohibit "enforcement of those duties which individuals owe to the state, such as services in the army, militia, on the jury, etc.".
Despite this legislation, involuntary servitude in institutions has been a significant issue, particularly in the historical treatment of people with developmental and physical disabilities. People with disabilities have been routinely placed in state-run institutions, where they were required to work in housekeeping, laundry, maintenance, and farming roles to keep the institutions running efficiently. A notable example of this institutional peonage was revealed in a 1964 Minnesota study, which showed that half of the 6,350 residents in the state's institutions at the time were assigned jobs within the institutions. The residents were paid a maximum of $1 a month, perpetuating a system of segregation and abuse.
Additionally, the denial of training and therapy to mental health patients in institutions has been a concern, as it enables the institutions to exploit patients by forcing them to perform labour necessary for the institution's functioning. This issue was brought to national attention in 1964 by F. Lewis Bartlett in an article for The Atlantic Monthly, titled "Institutional Peonage: Our Exploitation of Mental Patients." Several lawsuits have been filed challenging the institutional system in the United States, particularly in the late 1960s and early 1970s, demanding protections for resident-workers under the Fair Labor Standards Act.
The United States Supreme Court addressed this issue in its 1988 decision of U.S. v. Kozminski, reviewing the criminal conviction of two farmers who forced two men with developmental disabilities to work on their farm with minimal to no pay. The Supreme Court overturned the convictions, concluding that the trial judge erred in their interpretation of 'involuntary servitude' by including psychological coercion rather than solely relying on physical restraint or injury, or the use of the legal process.
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The Constitution of the Philippines
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The right to quit work
Involuntary servitude, or involuntary slavery, is a legal and constitutional term for a person labouring against their will to benefit another, under some form of coercion. This may constitute slavery. The Thirteenth Amendment to the United States Constitution, passed in 1865, prohibits slavery and involuntary servitude under any U.S. jurisdiction, whether at the hands of the government or in the private sphere.
The Thirteenth Amendment does allow for a person convicted of a crime to be forced to work, thus permitting prison labour practices. Additionally, the government can require certain forms of public service, such as military service and jury duty. However, the Amendment does not prohibit individuals from performing duties owed to the state, such as services in the army, militia, or on the jury.
The interpretation of the Thirteenth Amendment and its relevance in modern times have been debated. Some argue that it not only abolished slavery but also prohibited racially discriminatory practices associated with slavery, while others disagree. The Amendment's scope regarding the prohibition of involuntary servitude has also been examined, with the Supreme Court considering whether psychological coercion to compel work falls under this category.
The right to be protected against involuntary servitude and forced labour is absolute and cannot be restricted. However, this does not apply to work that is part of a prison or community sentence, work required by the government in a state of emergency, or normal civic obligations such as jury service.
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Frequently asked questions
Involuntary servitude, or peonage, occurs when a person is forced to work against their will, with little to no control over working conditions. This work might be paid or unpaid.
The Thirteenth Amendment to the US Constitution makes involuntary servitude illegal under any US jurisdiction, whether at the hands of the government or in the private sphere, except as punishment for a crime.
Prison labour is often referred to as involuntary servitude. Some libertarians also consider compulsory schooling, income taxation, and selective service as forms of involuntary servitude.
