The Thirteenth Amendment: A Brief Overview
On Sunday, rapper, producer, and amateur fashion designer Kanye West made headlines yet again. While West is no stranger to controversy, his latest comments seemed to set a new standard for himself.
Over the weekend, West tweeted a picture of himself in a red “Make America Great Again” hat. The photo’s caption read: “this represents good and America becoming whole again. We will no longer outsource to other countries. We build factories here in America and create jobs. We will provide jobs for all who are free from prisons as we abolish the 13th amendment. Message sent with love.” West’s comments about “abolishing” the Thirteenth Amendment quickly lit a fire on the internet.
Though West walked back his comments in later interviews, his initial comments are a reminder that the Constitution is not always easy to understand. While all Americans should know their constitutional rights, African Americans and other people of color should always know how the Constitution effects their lives. This primer will explain the history and current status of the Thirteenth Amendment.
The Thirteenth Amendment – A Brief History
When the U.S. Constitution was drafted in 1787, slavery was implicitly written into the document. Though the word “slavery” never appears in the document, references to “three-fifths of all other persons” and a ban on the “importation of . . . persons” are clearly understood to be references to slavery. The Constitution’s drafters knew that slavery would be a problem but were content to leave the problem for future generations.
It would take a war to solve the problem.
In 1861, the South seceded from the union, sparking The Civil War. In 1862, President Abraham Lincoln issued the Emancipation Proclamation. However, the Proclamation only extended to lands that were already under Union control. So few, if any, slaves were freed when the document was published.
When the war ended in 1865, Radical Republicans requested several constitutional amendments designed to protect the newly freed slaves. The first of the three, the Thirteenth Amendment, was ratified in 1865. The amendment states, “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.”
The Thirteenth Amendment – How it is Used
Obviously, the Thirteenth Amendment abolished slavery. However, the amendment does more than that. The framers of the amendment intended that the amendment would not only end slavery, but also the “badges and incidents” of slavery. In other words, the amendment was designed to prevent racial discrimination.
The Thirteenth Amendment is surprisingly useful. Unlike the Fourteenth Amendment, which only covers government actors, the Thirteenth Amendment also to public and private actors. As such, it can reach discrimination that the Fourteenth Amendment cannot.
Congress used the Thirteenth Amendment to pass the nation’s first anti-discrimination laws. The Civil Rights Act of 1866 prohibited discrimination in several contexts. Section 1981 of the law gave the new citizens the ability to “make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens.” Section 1982 of the law applied the same rules to the sale of real and personal property.
While the above laws were passed in the 1860s, they remain useful today. Today, section 1981 is most often used to sue businesses that racially profile customers or provide worse service to customers of color. Section 1982 is used to combat housing discrimination.
The Thirteenth Amendment and the Prison Industrial Complex
When Kanye West revised his statement, he indicated that he didn’t want the Thirteenth Amendment to be abolished in its entirety. Rather, he explained that his issue is with the portion of the Amendment that allows involuntary servitude when a person has been convicted of a crime.
On this point, West is correct.
African Americans are grossly overrepresented in the criminal justice system. Black people compose 12 percent of the U.S. population, but 33 percent of the nation’s prison inmates. This is not an accident. Documentaries such as Slavery by Another Name and 13th and books such as The New Jim Crow have described in great detail how prison systems profit from the labor of Black prisoners. While most prisoners receive a few cents for their labors, it is clear that the Thirteenth Amendment’s provision for convict labor harms the Black community.
Despite his poorly worded commentary, Kanye West’s comments provide an opportunity reexamine a forgotten part of our Constitution. When you have questions about African Americans and their constitutional rights, turn to The African American Attorney Network for accurate answers and reasoned analysis.
I do consider all of the concepts you have presented for your post. They are really convincing and can certainly work. Still, the posts are too short for newbies. May just you please lengthen them a bit from subsequent time? Thanks for the post.
Inspiring story there. What happened after? Thanks!
Wow! Finally I got a webpage from where I be capable of
in fact get useful information regarding my study and knowledge.
Thanks a bunch for sharing this with all of us you really know what you are talking about! Bookmarked. Please also visit my web site =). We could have a link exchange agreement between us!
Your style is really unique in comparison to other folks I
have read stuff from. I appreciate you for posting when you’ve got the
opportunity, Guess I’ll just bookmark this page.
Howdy! This post couldn’t be written much better!
Going through this article reminds me of my previous
roommate! He constantly kept talking about this. I am going to forward this information to
him. Fairly certain he’ll have a very good read. Many thanks for sharing!
Hello there! I know this is kind of off topic but I was wondering if you knew where I could locate a captcha
plugin for my comment form? I’m using the same blog platform as yours and I’m having
problems finding one? Thanks a lot!
Great blog here! Also your web site loads up fast! What web host are
you using? Can I get your affiliate link to your host? I wish
my website loaded up as fast as yours lol
What’s up mates, its great piece of writing concerning tutoringand fully defined, keep it
up all the time.
I always used to read piece of writing in news papers but now
as I am a user of net thus from now I am using net for articles
or reviews, thanks to web.
Thanks for finally talking about >The Thirteenth Amendment:
A Brief Overview | African American Attorney NetworkAfrican American Attorney Network <Liked it!
excellent post, very informative. I wonder why the other experts
of this sector don’t understand this. You should proceed your writing.
I am sure, you’ve a huge readers’ base already!
I’m curious to find out what blog platform you are utilizing? I’m having some minor security issues with my latest blog and I would like to find something more secure. Do you have any suggestions?
I think this is among the most significant information for me.
And i am glad reading your article. But want to remark on some general things,
The website style is great, the articles is really excellent : D.
Good job, cheers
I’ll right away grasp your rss feed as I can not find your email subscription hyperlink or e-newsletter service.
Do you have any? Kindly permit me realize in order
that I may subscribe. Thanks.
Thank you for sharing your thoughts. I really appreciate your efforts and I will be waiting for your next write ups thank you once again.
Delta Air Lines vxz
}
Hi there friends, its fantastic piece of writing concerning educationand entirely explained,
keep it up all the time.
Pcm Pharmacy Internatinal Medication Low Prices cialis 5 mg Doxycycline
Hello, after reading this amazing piece of writing i am too delighted to
share my familiarity here with friends.
What’s up Dear, are you genuinely visiting this web site regularly, if so then you will absolutely get nice knowledge.
Hmm is anyone else having problems with the pictures on this blog loading?
I’m trying to determine if its a problem on my end or if it’s the blog.
Any responses would be greatly appreciated.
I visited several websites however the audio quality for audio
songs existing at this web page is actually superb.
Hi there! Someone in my Facebook group shared this site with us
so I came to give it a look. I’m definitely enjoying the
information. I’m bookmarking and will be tweeting this to my followers!
Wonderful blog and excellent design.
Outstanding story there. What happened after? Thanks!
Do you mind if I quote a few of your articles as long
as I provide credit and sources back to your blog?
My blog site is in the very same area of interest as yours and my users would certainly benefit from a
lot of the information you provide here. Please let me know if this alright with you.
Many thanks!
I would like to thank you for the efforts you’ve put in penning this site.
I really hope to view the same high-grade content by you in the future
as well. In truth, your creative writing abilities has inspired me to get my
own, personal blog now 😉
Rx Pharmacy Zithromax For Impetigo Can To Much Visgra Have Opposite Fffect п»їcialis Priligy On Line Online Pharmacy No Dr Prescriptions
Hmm it appears like your website ate my first comment (it was extremely long) so I guess I’ll just sum it
up what I had written and say, I’m thoroughly enjoying your blog.
I too am an aspiring blog writer but I’m still new to everything.
Do you have any recommendations for beginner blog writers?
I’d really appreciate it.