An explanation of the 13th Amendment .pptx

These detailed slides explain the 13th Amendment of the United States Constitution. It includes an explanation, specific examples regarding the amendment, the history of the amendment, court cases involving the amendment, and countries where the amendment is not being followed.

1. 13th Amendment Section 1 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. Section 2 Congress shall have power to enforce this article by appropriate legislation.

2. Explanation: Section 1 of the 13th Amendment states that slavery or involuntary servitude (being forced to do something without necessarily wanting to do it), is not allowed in the United States or places it has jurisdiction over. One important exception, however, happens when an individual that has been convicted of a crime. They can be legally subject to involuntary servitude or forced labor as a consequence of their conviction. This exception has brought about many debates and interpretations, and raised questions about if someone could exploit or abuse this within the justice system. Section 2 states that Congress is allowed to pass legislation to properly enforce and uphold Section 1 of the amendment.

3. Examples 1 Bob wants to force his friend Billy to plant new orange and apple trees in his backyard involuntarily. However, this violates the 13th Amendment, he cannot do that.

4. Example 2 The local prison wants to reintroduce the concept of chain gangs and force convicts to clean up trash in the park. Because the 13th Amendment makes an exception to convicts for involuntary servitude, the prison is allowed to do that.

5. Example 3 Congress wants to pass a new law requiring police departments to invest more money into catching and stopping companies that have used involuntary labor. Because of Section 2 of the 13th Amendment, that is possible.

6. Example 4 A shady company wants to build a clothing factory that kidnaps workers and forces them to work their involuntarily. However, because this violates the 13th Amendment, the company is not allowed to do that.

7. History - Backstory The Civil War had broke out in April 12, 1861, as the first shots of the war were fired at the federal-held Fort Sumter. After a couple of major Confederate wins, and the major Union win at the Battle of Antietam, President Abraham Lincoln decided to further take advantage of that success and issue the Emancipation Proclamation, taking effect on January 1, 1863. He decided that freeing all of the slaves in the rebelling states could help boost the war effort, and so issued the emancipation (freeing) of all slaves in rebelling states. (“Civil War”) Even after this, some abolitionist senators still believed that because the Emancipation Proclamation was issued during wartime, it could be invalided by a court case, etc. Thus, some senators created an abolitionist committee, and on February 10, 1964, proposed an amendment that banned slavery in the US. (“The Senate Passes”) It got through the US Senate because of a strong coalition of 38 senators that all passed the bill, while 6 senators did not. Unfortunately though, it failed to pass the House of Representatives two times, and then was sidelined by the 1864 presidential election. The Republicans then held a lame-duck session on December of 1864, and set the stage for Lincoln to oversee the passing of the 13th Amendment. (“The Senate Passes”)

8. History - Passing the bill and Ratifying Lincoln decided to allow his allies to convince some Democrats to switch their votes for the amendment, and so on January 31, 1865, the amendment reached the required ⅔ majority of the House Of Representatives. (“Ratifying the Thirteenth”) Lincoln then sent out the bill to all of the other states that had not seceded from the union. On December 6, 1865, Georgia was the twenty-seventh state out of the then thirty-six states to approve the amendment, which officially ratified it. Unfortunately, Lincoln died on the night of April 14, 1865, meaning he did not live to see the amendment officially get ratified (“Ratifying the Thirteenth”). The 13th Amendment has changed America forever, banning an immoral but previously essential part of American history (especially in the South). It has paved the way for many other laws addressing civil rights to come about, most notably the Civil Rights Acts of 1866 (naturalization, reversing 1857 Dred Scott case), 1871 (allowed feds to use military force on racial terrorist groups like KKK), 1875 (also banned labor discrimination, but reversed in a series of cases called the Civil Rights Cases), and 1964 (banning race discrimination in shops, movie theaters etc.).

9. History: Key Figures Besides President Abraham Lincoln, some other people who were important to creating the 13th Amendment was a person was a senator from Massachusetts named Charles Sumner. He was an avid abolitionist throughout his life, and soon became the chairman of a new committee on slavery. (“The Senate Passes”) On February 8, 1864, he proposed a new permanent amendment to the Senate Judiciary Committee that would guarantee absolute “equality under the law”, but all the other senators believed that would be too dangerous. Thus, the Judiciary Committee proposed a more modest amendment that would only ban slavery. Also, Sumner was the senator who proposed the radical Civil Rights Act of 1875, but he died of a heart attack before it was passed. Unfortunately, it was struck down by the Supreme Court in 1883, and its ideals would be reinstated only after the Civil Rights Act of 1964.

10. Opposing Views: Loose Construction Most people believe that the 13th Amendment was meant to ban chattel slavery and and form of coerced labor in the US. They also believe that the 13th Amendment bans peonage (where an employer compels a worker to pay off their debts with free labor) (“A Common Interpretation”). Loose interpreters, however, go beyond the boundaries of the 13th Amendment, and believe that it addresses all forms of racial inequality and discrimination. Most importantly, they also believe that the exception to the forced labor, which is that convicts can be forced to do labor involuntarily, is being exploited and used as a form of modern-day slavery. One example of this is in the 1960s, when prisoners in Arkansas were forced to work in a large farm called the Cummins Farm. They would be forced to do work everyday, no matter the weather conditions, and would be beaten if they couldn’t do so. They also didn’t get paid, and were told to donate blood if they needed money. We can infer that this is a form of slavery , as they couldn’t leave and were forced to do labor. (“The War Over”) However, when a group of prisoners tried to sue the state Commissioner of Corrections, the Federal District Judge overlooking the case decided that because “Arkansas did not claim to own the bodies of its prisoners”, “the labor was punishment for their crimes”, and that “the 13th Amendment did not intend to extend their policies this far”, the farm wasn’t a violation of the 13th Amendment. (“The War Over”) Overall, we can infer that people do not use a loose construction of the 13th Amendment to decide court cases.

11. Opposing Views: Strict Construction Some people, however, are strict constructionists. These people believe that the 13th Amendment was only supposed to remove chattel slavery, and it isn’t supposed to address other forms of forced labor or racial discrimination. Therefore, they believe that it shouldn’t be applied to issues such as prison labor or human trafficking unless they meet the strict guidelines of the 13th Amendment. They believe that having a broader interpretation of the amendment might interfere with other laws or policies. One example of this are the Civil Rights Cases, decided by the Supreme Court on 1883. The Civil Rights Cases was a collection of 5 cases of black people suing under the Civil Rights Act of 1875. In an 8-1 decision, the Supreme Court ruled that the Civil Rights Act of 1875 was unconstitutional because Congress had exceeded their authority under the 14th and 13th Amendments, and so the act was repealed. This decision would prove to be unacceptable, as it let southern states enact Jim Crow laws to oppress African-American Citizens, and the Civil Rights Act of 1875’s ideals would not be reinstated until the Civil Rights Act of 1964. The decision was also made using a strict interpretation, as most of the of the justices in the Supreme Court didn’t broaden the meaning 13th Amendment. Therefore, we can see that for this amendment, the strict interpretation is the current interpretation of the 13th Amendment.

12. Court Case #1 : The Slaughter-House Cases: This case was taken by the supreme court in 1873, in Louisiana . This case was involved with butchers in New Orleans in 1873, the butchers were forced to give up their businesses, and all of them were gathered into a single slaughterhouse to work in it. The butchers argued that this went against their right to the 13th amendment, as it was “involuntary servitude,” and the 13th said, “ Neither slavery nor involuntary servitude . . . shall exist within the United States. . .” As well as it went against right to earn a living in an ordinary calling of their choosing. They also argued that it violated their rights to due process and equal protection. The Supreme Court disagreed with these arguments, saying that the 13th amendment didn’t apply for this, as the Supreme Court said that the 13th amendment only applied to slavery.

13. Court Case #2: United States v. Kozminski This case was in 1983, who involved Robert Fulmer and Louis Molitoris — who have IQs of 67 and 60. They were discovered working in a Kozminski dairy farm. Even though both of the men were in their 60s, their iq was of an 8-10 year old. This case involved forced labor, as Kozminski’s wife and son were taking both of the men into the farm, and forced them to work. This started in the early 70s, but weren’t found guilty until a herdsman who worked for them became concerned about this and reported this. They made them work usually 17 hours per day, and convinced them that it was $15 per week, but eventually gave nothing. They also didn’t provide the correct amount of housing, nutrition, and medical care. The Kozminski’s told Fulmer and Molitoris that they could not leave the farm, and on one occasion John Kozminski threatened Molitoris with institutionalization. And “The jury found the Kozminski’s guilty. The Court of Appeals for the Sixth Circuit reversed the convictions on the grounds that the District Court’s definition of involuntary servitude was too broad.” The United States won the case because the court held that forced labor had never been extended to cover labor done by the use of psychological deformities. (“United States V Kominski”)

14. North Korea A country that doesn’t have a law that protects people from forced labor is North Korea, an authoritarian country led by Kim Jong Un. In there, the prison camps are the worst, as “all prisoners, including children, are subject to forced la b or, including in logging, mining, manufacturing, or farming for long hours under harsh conditions”(“2022 trafficking reports”). In North Korea, they unfortunately have to be forced into terrible living conditions, and children as well are always in labor. In the United States, forced labor is allowed under the circumstance the victim is in jail, however the conditions are much better. In North Korea, children can also be forced into labor, unlike here, as child labor is prohibited under the federal child labor law, as it states, “Federal child labor law generally prohibits the employment of minors in nonagricultural occupations under the age of 14, restricts the hours and types of work that can be performed by minors under 16, and prohibits the employment of minors under the age of 18 in any hazardous occupation.” North Korea is extremely oppressive to their people, as their no freedom of speech, and if they say anything against their leader, or the government , or the military, they will most likely be punished , and 3 generations related to that person will also be punished. There's also no real internet, as its government regulated, and if a citizen is found following a religion , they will be punished . They also can’t escape the country, and will be brutally punished.

15. United Arab Emirates (UAE) A country that has some form of forced labor is UAE. Most of the population who do a ton of work are known as migration workers, people who are nonchalantly forced to move constantly to do work across the country. Most of economy there is from migration workers, and these migration workers are controlled by a”private sponsorship system known as the kafala”(The UAE’s Kafala System). In the UAE, there is a law that bans forced labor, the Federal Decree-Law No. 9 of 2022 concerning Domestic Workers . It basically “forbids hiring anyone under the age of 18 as a domestic worker and prohibits discrimination, sexual harassment, forced labor, or any act that is considered to be a potential act of human trafficking”(“Library Of Congress”). The Migrant workers who are trafficked into forced labor are usually called by agents who charge high recruitment fees, the cost to hire someone in outside agencies, in exchange for work permits in the UAE. They usually work long long hours in camps, and wages are poor payments and infrequent, and eventually fall in inevitable debt. The UAE probably wouldn’t push their workers too much as they still want the law to take place of no forced labor, and keep their reputation of being a great country. They won’t want them to live in dangerous situations, and want to keep tem working in somewhat safe conditions.

16. China A nother country that has a form of modern slavery/forced labor is China. In China, specifically in Xinjiang, there are “harmful and discriminatory government practices including state-imposed forced labour, organ harvesting, and forced marriage” (“Against Their Will”). Unfortunately, this happens a lot, as “The 2023 Global Slavery Index (GSI) estimates that 5.8 million people were living in modern slavery in China on any given day in 2021”(“Modern Slavery In China”). A law that tries to prohibit forced labor is the Labor Law Of The P eople's Republic Of China. It prohibits forced labor, and has provisions of the labor hours, rest days, and salary. The effectiveness is almost obsolete . There’s is quite literally no monitoring about forced labor, and the “Uyghurs detained in camps and forced to labor in factories must endure dreadful conditions. They receive little pay, are not allowed to leave, and have limited or no communication with family members”(“Against their Will”). China’s law is more specific, as it talks about wages, rest days, and labor hours, while the 13th focuses more on no forced labor, as well as slavery.

17. Bibliography: “13th Amendment.” History.Com , A&E Television Networks, 9 Nov. 2009, www.history.com/topics/black-history/thirteenth-amendment. “8 Key Laws That Advanced Civil Rights.” History.Com , A&E Television Networks, 24 O www.history.com/news/civil-rights-legislation. “Against Their Will: The Situation in Xinjiang.” DOL , 24 Oct. 2023, www.dol.gov/agencies/ilab/against-their-will-the-situation-in-xinjiang#:~:text=Uyghurs%20detained%20in%20camps%20and,no%20communication%20with%20family%20members “Child Labor - Worker.gov.” Worker.gov , 25 Jan. 2023, www.worker.gov/child-labor-wages/#:~:text=Federal%20child%20labor%20law%20generally,18%20in%20any%20hazardous%20occupation. “Civil War - Causes, Dates & Battles.” History.com , A&E Television Networks, 24 Oct. 2023 www.history.com/topics/american-civil-war/american-civil-war-history . Epps, Garrett. “The War Over the 13th Amendment and Modern Day Slavery.” Constitutional Accountability Center , 11 May 2021, www.theusconstitution.org/news/the-war-over-the-13th-amendment-and-modern-day-slavery. 12

18. Bibliography (Part 2): Greene, Jamal, and Jennifer Mason McAward. “A Common Interpretation: The Thirteenth Amendment.” National Constitution Center , 16 Dec. 2016, www.constitutioncenter.org/blog/a-common-interpretation-the-thirteenth-amendment. Qadri, Mustafa. “The UAE’s Kafala System: Harmless or Human Trafficking? - Dubai’s Role in Facilitating Corruption and Global Illicit Financial Flows.” Carnegie Endowment for International Peace , 7 July 2020, www.carnegieendowment.org/2020/07/07/uae-s-kafala-system-harmless-or-human-trafficking-pub-82188 . “Modern Slavery in China.” Walk Free , 22 Aug. 2023, www.walkfree.org/global-slavery-index/country-studies/china/#:~:text=imposed%20forced%20labour.-,Prevalence,27%20countries%20in%20the%20region. “North Korea - United States Department of State.” United States Department of State , 6 Apr. 2023, www.state.gov/reports/2022-trafficking-in-persons-report/north-korea/#:~:text=In%20prison%20camps%2C%20all%20prisoners,member%20is%20accused%20or%20arrested. “Ratifying the Thirteenth Amendment, 1866.” The Gilder Lehrman Institute of American History , 24 Oct. 2023, www.gilderlehrman.org/history-resources/spotlight-primary-source/ratifying-thirteenth-amendment-1866#:~:text=Opposition%20from%20Democrats%20in%20the,his%20weight%20behind%20the%20amendment. “Slaughterhouse Cases (1873).” Thirteen , 24 Oct. 2023, www.thirteen.org/wnet/supremecourt/antebellum/landmark_slaughterhouse.html#:~:text=The%20Slaughterhouse%20Cases%2C%20resolved%20by,given%20by%20the%20individual%20states.

19. Bibliography (part 3) “United Arab Emirates: New Law Regulating Work of Foreign Domestic Workers Adopted.” The Library of Congress , 4 Jan. 2023, www.loc.gov/item/global-legal-monitor/2023-01-04/united-arab-emirates-new-law-regulating-work-of-foreign-domestic-workers-adopted/#:~:text=It%20also%20forbids%20hiring%20anyone,potential%20act%20of%20human%20trafficking. United States v. Kozminski.” Justia Law , 24 Oct. 2023, supreme.justia.com/cases/federal/us/487/931/ U.S. Senate: The Senate Passes the Thirteenth Amendment . 7 Aug. 2023, www.senate.gov/about/origins-foundations/senate-and-constitution/senate-passes-the-thirteenth-amendment.htm. U.S. Senate: Charles Sumner: After the Caning . 7 Aug. 2023, www.senate.gov/artandhistory/senate-stories/charles-sumner-after-the-caning.htm.