Slavery is Legal in the US

The Thirteenth Amendment to the U.S. Constitution was ratified on December 6, 1865, to abolish slavery. The Emancipation Proclamation, declared by President Abraham Lincoln in 1863 during the American Civil War, only freed slaves held in Confederate states. Only through the Thirteenth Amendment did emancipation become national policy.

The Thirteenth Amendment states, “Neither slavery nor involuntary servitude, save 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.”

However, it was with this exception, “as a punishment for crime whereof the party shall have been duly convicted,” that a new form of slavery rapidly developed. After the Civil War, black codes and other discriminatory laws made it easy for local officials to arrest African Americans for minor infractions. Convict labor became a significant source of revenue in some states via convict leasing to private individuals and companies. The practice grew in prevalence and scope such that by 1898, 73% of Alabama’s state revenue came from convict leasing.

Legal slavery in the United States continues today due to this “Slavery Clause” loophole in the Thirteenth Amendment. The corruption of our criminal justice system, with discrimination fueling mass incarceration, has continued through the War on Drugs, the proliferation of the three-strike laws, severe plea deals, and harsh mandatory minimum policies. 

In 2023, Georgia Congresswoman Nikema Williams reintroduced the Abolition Amendment, which would remove this loophole. To live up to our nation’s promise of justice for all, Congress must take the long overdue step and finally end the morally reprehensible practice of slavery in the US.