Thirteenth Amendment: Abolition of slavery

The Thirteenth Amendment ended slavery in the United States. Unlike most of the Constitution, it applies directly to private people, not just government.

The text

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.

Source: National Archives transcription Verified1

Congress shall have power to enforce this article by appropriate legislation.

Source: National Archives transcription Verified1

History

"On January 13, 1864, more than a year before the end of the Civil War, Senator John Henderson introduced a joint resolution proposing an amendment to the Constitution to abolish slavery and involuntary servitude" Verified2.

Section 1: What it bans

Involuntary servitude means forced labor. For criminal cases, it "necessarily means a condition of servitude in which the victim is forced to work for the defendant by the use or threat of physical restraint or physical injury or by the use or threat of coercion through law or the legal process" (United States v. Kozminski, 487 U.S. 931 (1988)) Verified3.

Peonage. Bailey v. Alabama (1911) struck down a law that made quitting a job after taking an advance presumptive evidence of fraud, effectively forcing workers to labor off debts (Bailey v. Alabama, 219 U.S. 219 (1911)) Verified4.

Civic duties aren't servitude. In Butler v. Perry (1916), Florida required men to work on public roads six days a year; the Court upheld it. The amendment "certainly was not intended to interdict enforcement of those duties which individuals owe to the state, such as services in the army, militia, on the jury, etc." (Butler v. Perry, 240 U.S. 328 (1916)) Verified5.

The punishment exception. Convicted people can be required to work. California's constitution has its own provision: "Slavery is prohibited. Involuntary servitude is prohibited except to punish crime" (Art. I, §6) Verified6.

Section 2: Badges and incidents

In the Civil Rights Cases (1883), the Court read Section 2 as letting Congress abolish "all badges and incidents of slavery," but held it didn't reach private refusal to serve people at inns and theaters (Civil Rights Cases, 109 U.S. 3 (1883)) Verified7.

Jones v. Alfred H. Mayer Co. (1968) went much further: "§ 1982 bars all racial discrimination, private as well as public, in the sale or rental of property, and that the statute, thus construed, is a valid exercise of the power of Congress to enforce the Thirteenth Amendment" (Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968)) Verified8.

How it reaches Williams

Directly, and without incorporation. It binds governments and private parties alike. 42 U.S.C. §1982, upheld under Section 2, bars race discrimination in property sales and rentals in Williams Verified8.

In Williams

• Community service sentences for municipal code violations are allowed under the punishment exception once someone is convicted.
• Housing. Landlords and sellers in Williams can't discriminate by race in sale or rental (§1982) Verified8.
• Civic duties. Required public work like Florida's road duty is not involuntary servitude, and Butler listed jury service among the duties owed to the state Verified5.

Common misconceptions

• "It only limits government." It reaches private conduct directly.
• "Any required work is unconstitutional." Traditional civic duties and punishment after conviction are allowed Verified5.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.