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Penal exception clause

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In the United States, the 13th Amendment to the United States Constitution prohibits slavery and involuntary servitude except as a punishment for a crime of which one has been convicted.[1][2] In the latter 2010s, a movement has emerged to repeal the exception clause from both the federal and state constitutions.

List of amendments

Federal

Main article: Thirteenth Amendment to the United States Constitution
  • 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. Amendment XIII, Section 1.

State

With exceptions

  • Alabama: That no form of slavery shall exist in this state; and there shall not be any involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted. Alabama Constitution, Section 32
  • Arkansas: There shall be no slavery in this State, nor involuntary servitude, except as a punishment for crime. No standing army shall be kept in time of peace; the military shall, at all times, be in strict subordination to the civil power; and no soldier shall be quartered in any house, or on any premises, without the consent of the owner, in time of peace; nor in time of war, except in a manner prescribed by law. Arkansas Constitution, Article 2, Section 25.
  • California: Slavery is prohibited. Involuntary servitude is prohibited, except to punish crime. Article I, Section 6.
  • Georgia: There shall be no involuntary servitude within the State of Georgia except as a punishment for crime after legal conviction thereof or for contempt of court. Article I, Section 1 Paragraph XXII.
  • Indiana: There shall be neither slavery, nor involuntary servitude, within the State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted. Article 1, Section 37
  • Iowa: There shall be no slavery in this State; nor shall there be involuntary servitude, unless for the punishment of crime. Article I, Section 23
  • Kansas: There shall be no slavery in this state; and no involuntary servitude, except for the punishment of crime, whereof the party shall have been duly convicted.
  • Kentucky: Slavery and involuntary servitude in this state are forbidden, except as a punishment of crimes, whereof the party shall have been duly convicted. Article I, Section 25
  • Louisiana: No person shall be denied the equal protection of the laws. No law shall discriminate against a person because of race or religious ideas, beliefs, or affiliations. No law shall arbitrarily, capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical condition, or political ideas or affiliations. Slavery and involuntary servitude are prohibited, except in the latter case as punishment for crime. Article I, Section 3.
  • Michigan: Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State. Article I, Section 9.
  • Minnesota: No member of this state shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgement of his peers. There shall be neither slavery nor involuntary servitude in the state, otherwise than as punishment for a crime of which the party has been convicted. Article I, Section 2
  • Mississippi: There shall be neither slavery nor involuntary servitude in this State, otherwise than in the punishment of crime, whereof the party shall have been duly convicted. Article 3, Section 15
  • Nevada: Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State. Article 1, Section 17.
  • North Carolina - Article 1 Section 17: Slavery is forever prohibited. Involuntary servitude, except as a punishment for crime whereof the parties have been adjudged guilty, is forever prohibited.
  • North Dakota: Neither slavery nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this State. Article 1, Section 17
  • Ohio: There shall be no slavery in this state; nor involuntary servitude, unless for the punishment of crime. Article I, Section 6.
  • Oregon: There shall be neither slavery nor involuntary servitude in the State, otherwise than for the punishment of crime, of which the party shall have been duly convicted. Article 1, Section 34
  • Rhode Island: Slavery shall not be permitted in this State. Article I, Section 4
  • Tennessee: That slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are forever prohibited in this state. Article 1, Section 33
    • The General Assembly shall make no law recognizing the right of property in man. Article 1, Section 34
  • Vermont: That all men are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; therefore no person born in this country, or brought from over sea, ought to be holden by law, to serve any person as a servant, slave or apprentice, after he arrives to the age of twenty-one years, unless he is bound by his own consent, after he arrives to such age, or bound by law for the payment of debts, damages, fines, costs, or the like. Chapter I, Article 1st
  • Wisconsin: There shall be neither slavery, nor involuntary servitude in this state, otherwise than for the punishment of crime, of which the party shall have been duly convicted. Article I

Without exceptions

  • Colorado: There shall never be in this state either slavery or involuntary servitude. Colorado Constitution Article 2, Section 26 (Amended 2018)
  • Nebraska: There shall be neither slavery nor involuntary servitude in this state. Article I, Section 2 (a 2020 amendment to remove the exception was approved by 68% of voters[3][4])
  • Utah: Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this State. Article I, Section 21 (a 2020 amendment to remove the exception was approved by 81% of voters[5][6])

State constitutions with no mentions of slavery or involuntary servitude

  • Alaska
  • Arizona
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Idaho
  • Illinois
  • Maine
  • Maryland
  • Massachusetts
  • Missouri
  • Montana
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • Oklahoma
  • Pennsylvania
  • South Carolina
  • South Dakota
  • Texas
  • Virginia
  • Washington
  • West Virginia
  • Wyoming

Reform and repeal

Colorado became the first state to repeal the exception clause from their state's constitution in 2018. Current bills to repeal similar clauses have passed in Utah and Nebraska after voters approved them in a referendum in 2020.

Following voters approving a 2020 ballot measure allowing Alabama Legislature to recompile the state constitution, the Legislature finalized a repeal of similar penal exception language from the state constitution as part of a bid to remove racist language from the state constitution, which will go to referendum in November 2022. The legislatures of Vermont and Oregon sent similar amendments to voters for a vote in 2022.[7][8] Tennessee's legislature approved similar language for a 2022 ballot after two consecutive sessions, but, like Utah's 2020 revision, will include a subsection clarifying that the prohibition will not "prohibit an inmate from working when the inmate has been duly convicted of a crime".[9]

A resolution to bring a repeal to the California state constitution in 2022 was passed unanimously in the California State Assembly.[10]

See also

References

  1. ^ Raghunath, Raja. "A Promise the Nation Cannot Keep: What Prevents the Application of the Thirteenth Amendment in Prison?". William & Mary Bill of Rights Journal. William & Mary Law School Scholarship Repository. Retrieved 19 June 2020.
  2. ^ "13th Amendment: Abolition of Slavery". National Constitution center. Retrieved 19 June 2020.
  3. ^ "LR1CA - Constitutional amendment to eliminate slavery or involuntary servitude as a punishment for crime". Nebraska Legislature.
  4. ^ "Nebraska Remove Slavery as Punishment for Crime from Constitution Amendment (2020)". Ballotpedia.
  5. ^ "H.J.R. 8 Proposal to Amend Utah Constitution - Slavery and Involuntary Servitude Prohibition". Utah State Legislature. Retrieved 19 June 2020.
  6. ^ "Utah Remove Slavery as Punishment for a Crime from Constitution Amendment (2020)". Ballotpedia. Retrieved 19 June 2020.
  7. ^ Press, The Associated. "Vt. slavery ban amendment approved; goes to voters in November". https://www.wcax.com. Retrieved 2022-03-29. {{cite web}}: External link in |website= (help)
  8. ^ Antram, Victoria. "Oregon voters to decide on removing slavery and involuntary servitude as criminal punishment from state constitution in 2022 – Ballotpedia News". Retrieved 2022-03-29.
  9. ^ "Tennessee Senate approves proposed amendment to remove slavery from state constitution". WJHL | Tri-Cities News & Weather. 2021-03-15. Retrieved 2022-03-29.
  10. ^ "California Assembly advances involuntary servitude amendment". Los Angeles Times. 2022-03-22. Retrieved 2022-03-29.
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