Voters in Alabama, Louisiana, Oregon, Tennessee and Vermont are voting next month on measures that will eliminate an exception to prohibitions against slavery or involuntary servitude when forced labor is part of the punishment for a crime. In Alabama, for example, the State Constitution would be amended to remove an exception that allows involuntary servitude “for the punishment of crime.” The U.S. Constitution also has an“exceptions clause” that allows convicted criminals to be forced into involuntary servitude.
The clause is found in the 13th Amendment, which was ratified in 1865: “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.”
If such a measure passes, forced prison labor could be challenged a a violation of Constitutional rights. “We do not need to enslave people in order to punish them,” the New York Times quotes on former prisoner and an advocate of the proposed legal changes as saying, a typical example of lazy advocacy. No, we don’t need to make prisoners work as part of the prison experience. That’s not the issue. The question is whether society is acting unethically when it does so. Right now, absent an elimination of the prison exceptions to involuntary servitude, the practice is legal.
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