
The 13th Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and involuntary servitude in the United States and its territories. The Amendment was the culmination of a series of political and legislative efforts to end slavery, including President Lincoln's Emancipation Proclamation of 1863, which freed slaves in Confederate-controlled areas. The 13th Amendment provided 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. This Amendment, along with the 14th and 15th Amendments, significantly expanded the civil rights of Americans and provided a constitutional solution to the issue of slavery.
| Characteristics | Values |
|---|---|
| Amendment Number | 13th Amendment (Amendment XIII) |
| Date Passed by Congress | January 31, 1865 |
| Date Ratified | December 6, 1865 |
| Proclamation Date | December 18, 1865 |
| Number of States That Ratified | 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 the power to enforce this article by appropriate legislation." |
| Preceding Proclamation | Lincoln's Emancipation Proclamation, effective January 1, 1863 |
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What You'll Learn

The 13th Amendment
> "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. Congress shall have power to enforce this article by appropriate legislation."
The Amendment was passed by the Senate on April 8, 1864, but the House initially did not pass it. After one unsuccessful vote and legislative maneuvering by the Lincoln administration, the House passed the Amendment on January 31, 1865. The Amendment was swiftly ratified by nearly all Northern states and a sufficient number of border states. However, it was only after President Lincoln's assassination that his successor, President Andrew Johnson, encouraged the remaining "reconstructed" Southern states to agree, bringing the total to 27 states and leading to its adoption.
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Lincoln's Emancipation Proclamation
On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, declaring that more than 3.5 million enslaved African Americans in the secessionist Confederate states were free. The proclamation stated:
> "All persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free."
Lincoln issued the preliminary Emancipation Proclamation on September 22, 1862, with the final proclamation coming into effect on January 1, 1863. The proclamation only applied to states that had seceded from the Union, leaving slavery in place in the loyal border states. It also expressly exempted parts of the Confederacy that had already come under Northern control. The freedom it promised depended on a Union (United States) military victory.
Although the Emancipation Proclamation did not end slavery in the nation, it was a significant milestone in the road to its final destruction. It added moral force to the Union cause and strengthened the Union both militarily and politically. It also announced the acceptance of Black men into the Union Army and Navy, enabling the liberated to become liberators. By the end of the war, almost 200,000 Black soldiers and sailors had fought for the Union and freedom.
Lincoln recognised that the Emancipation Proclamation would need to be followed by a constitutional amendment to guarantee the abolishment of slavery. The 13th Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and involuntary servitude in the United States, except as punishment for a crime.
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The American Civil War
The Civil War was the culmination of a long-standing struggle between advocates and opponents of slavery, dating back to the founding of the United States. The election of Abraham Lincoln, a member of the anti-slavery Republican Party, as president in 1860, precipitated the Southern states' secession. Lincoln's victory, on a platform of preventing the expansion of slavery into the territories, was a direct threat to the Southern states' way of life, and they responded by seceding from the Union.
The war was fought with industrial warfare methods, including the use of railroads, the electrical telegraph, steamships, ironclad warships, and mass-produced weapons. It resulted in a large number of casualties, with estimates ranging from 625,000 to 851,000 soldiers killed, along with an undetermined number of civilian deaths. The war ended in April 1865 with the surrender of Confederate General Robert E. Lee to Union General Ulysses S. Grant at Appomattox Court House in Virginia. The final surrender of Confederate troops in the west came in Galveston, Texas, on June 2, 1865.
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The Reconstruction Amendments
The 13th Amendment, passed by Congress on January 31, 1865, and ratified in 1865, abolished slavery and involuntary servitude in the United States, except as punishment for a crime. It was the first of the three Reconstruction Amendments and was passed in the aftermath of the Civil War, during which President Abraham Lincoln issued the Emancipation Proclamation on September 22, 1862, with an effective date of January 1, 1863, declaring freedom for slaves in Confederate-controlled areas.
The 14th Amendment, proposed in 1866 and ratified in 1868, addresses citizenship rights and equal protection under the law for all people. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was a key figure in the struggle against slavery and for equal rights for African Americans. During the Civil War, he advocated for the emancipation of slaves and the enrollment of black soldiers. The 14th Amendment transformed the Constitution, which had previously focused on federal-state relations and property rights, into a document that guaranteed substantive freedom and protection for vulnerable minorities against government misconduct.
The 15th Amendment, proposed in 1869 and ratified in 1870, as the final Reconstruction Amendment, prohibits federal and state governments from denying any citizen the right to vote based on race, colour, or previous condition of servitude. This amendment was important as, by 1869, voting rights had been restricted to white men in all states, and it ensured that black men's voting rights were protected.
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Congress's enforcement powers
The 13th Amendment to the U.S. Constitution, passed by Congress on January 31, 1865, and ratified on December 6, 1865, abolished slavery and involuntary servitude in the United States, except as punishment for a crime. The Amendment was the first of three Reconstruction Amendments adopted following the American Civil War.
Section 2 of the 13th Amendment grants Congress the power to enforce the Amendment's prohibitions by enacting appropriate legislation. This enforcement power allows Congress to address specific circumstances and provide remedies for violations of the 13th Amendment's prohibitions on slavery and involuntary servitude. The Supreme Court has interpreted Congress's enforcement power to include the authority to regulate private individuals' activities when it comes to the badges and incidents of slavery, such as peonage and some race-based discrimination.
In the years following the ratification of the 13th Amendment, Congress used its enforcement power to enact civil rights legislation to ensure that people of all races had equal rights to make and enforce contracts and hold property, among other fundamental rights. These laws were challenged by individuals who argued that Congress's 13th Amendment enforcement power did not authorize such broad legislation. However, the Supreme Court's views on Congress's enforcement power evolved over time, and in 1968, the Court adopted a more deferential approach in the Jones v. Alfred H. Mayer Co. case, recognizing Congress's role in determining the scope of its power through legislation.
Congress's enforcement power under the 13th Amendment has been invoked to empower Congress to make laws against modern forms of slavery, such as sex trafficking. Additionally, the 13th Amendment has been used to strike down peonage and race-based discrimination as "badges and incidents of slavery." The 13th Amendment's enforcement power provides Congress with the necessary tools to address and eradicate contemporary forms of slavery and exploitation, ensuring the protection of civil rights and liberties.
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Frequently asked questions
The Thirteenth Amendment (Amendment XIII) abolished slavery in the United States.
The Thirteenth Amendment was passed by the Senate on April 8, 1864, and by the House of Representatives on January 31, 1865.
The Thirteenth Amendment changed a portion of Article IV, Section 2, 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, or any place subject to their jurisdiction."

























