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6 December 1865

Constitutional amendment / redressSupplement

Thirteenth Amendment abolishes slavery with a criminal-punishment exception

United States; enslaved people and later incarcerated workers

Ratification prohibited slavery and involuntary servitude in the United States and places subject to its jurisdiction, except as punishment for a crime after due conviction. Section 2 gave Congress power to enforce the amendment by legislation.

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Context / qualification

The punishment exception was not permission for every coercive labor arrangement: in United States v. Reynolds (1914), the Supreme Court held Alabama’s criminal-surety labor system unlawful peonage.

Sources

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Civil War, emancipation, and Reconstruction

Emancipation and constitutional change opened a democratic possibility that white terror and political retreat would sharply limit.

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