Historical Context
On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, declaring that all enslaved people in Confederate states "shall be then, thenceforward, and forever free." Two years later, the 13th Amendment was ratified to permanently abolish slavery.
However, the amendment included a crucial exception: slavery and involuntary servitude would be prohibited "except as a punishment for crime." This exception was not accidental—it was a deliberate compromise that allowed Southern states to maintain control over newly freed Black Americans through the criminal justice system.
In the years following the Civil War, "Black Codes" were enacted throughout the South, criminalizing minor offenses and creating a new form of enslavement through the convict leasing system. This system persisted for decades and its legacy continues today.
The Exception Explained
The phrase "except as punishment for crime" means exactly what it says: the Constitution permits slavery and involuntary servitude for anyone convicted of a crime.
What This Means in Practice:
- Incarcerated people can be forced to work for free
- They can be paid nothing or pennies per hour
- They have no right to refuse dangerous work
- Standard labor protections do not apply
- Their labor generates billions for governments and corporations
This isn't a loophole being exploited—it's the Constitution working exactly as written. The only way to end this is to change the Constitution itself.
Modern Prison Labor: By the Numbers
The Human Cost
Behind these statistics are real people—fathers, mothers, sons, and daughters—whose labor is exploited under the constitutional protection of slavery.
Economic Impact
Incarcerated workers are often paid between $0.13 and $0.52 per hour. Many are paid nothing at all. Upon release, they have little to no savings to help them reintegrate into society.
Family Impact
Families lose income when a member is incarcerated, then receive virtually nothing from their loved one's labor while they're imprisoned.
Safety Concerns
Without standard labor protections, incarcerated workers face dangerous conditions, from fighting wildfires to working in extreme heat, with little recourse if injured.
Rehabilitation Undermined
Forced labor at poverty wages doesn't prepare people for successful reentry. It reinforces a system of exploitation rather than rehabilitation.
Our Mission & Solution
The Free At Last Coalition advocates for a constitutional amendment to remove the "except as punishment for crime" clause from the 13th Amendment.
As Abraham Lincoln stated in his 1854 Peoria speech: "There can be no moral right in connection with one man's making a slave of another." This principle should apply to all Americans, regardless of their circumstances.
What the Amendment Should Say:
"Neither slavery nor involuntary servitude shall exist within the United States, or any place subject to their jurisdiction."
Simple. Clear. Complete.
Our Approach
Education
We educate the public about the history and ongoing impact of the 13th Amendment exception through outreach, media, and community engagement.
Advocacy
We work with legislators at state and federal levels to build support for constitutional change through testimony, lobbying, and grassroots organizing.
Coalition Building
We bring together diverse voices and organizations united by the belief that slavery has no place in America, building a movement too powerful to ignore.
States Leading the Way
Several states have already amended their constitutions to remove slavery exceptions. This proves change is possible when people demand it.
Colorado
Colorado voters approve Amendment A, becoming the first state to remove slavery language from its constitution.
Utah & Nebraska
Utah and Nebraska voters approve measures to remove slavery exceptions from their state constitutions.
Alabama, Tennessee, Vermont, Oregon
Four more states vote to remove or clarify slavery language in their constitutions.
Nevada
Nevada voters approve Question 4 with over 60% support, becoming the eighth state to remove slavery language from its constitution.
Federal Amendment
We continue working toward a federal constitutional amendment to close the loophole nationwide.
The Path Forward
Amending the U.S. Constitution requires:
Congressional Proposal
Two-thirds of both the House and Senate must vote to propose the amendment.
State Ratification
Three-fourths of state legislatures (38 states) must ratify the amendment.
This is a high bar, but it has been achieved 27 times in our nation's history. With enough public support and political will, we can make it 28.
Help End the U.S. Constitution's Support of Slavery
Together, we can ensure that slavery has no place in America—not in our Constitution, not in our prisons, not anywhere.