Thirteenth Amendment to the U.S. Constitution

Explanation and Analysis of the Document

The Thirteenth Amendment announces that slavery will no longer be legally permitted in the United States or its territories, with the significant exception that “involuntary servitude” may be imposed on those who have been convicted of crimes. This loophole, to which Charles Sumner strongly objected, permitted those serving jail terms, often African Americans convicted on petty or false charges, to be used as a source of cheap, brutally coerced labor in many southern states well into the twentieth century. The amendment does not specify what the legal status of the former slaves would be or if they would be fully entitled to the rights of American citizens.

The document also includes an enforcement clause, giving Congress the power to pass laws to enforce emancipation. Unfortunately, lack of political will and Supreme Court decisions leaving most issues of interpretation and enforcement to the states undermined the impact of this clause.