The Text
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.
The Meaning
In 1863, based on his war powers (see Article II, Section 2), President Lincoln issued the Emancipation Proclamation, which freed the slaves held within any designated state and part of a state in rebellion against the United States. The Proclamation provided “all persons held as slaves . . . are, and henceforward shall be free . . . ” Because the Proclamation did not address slaves held in the Northern states, there were questions about its validity.
Following the end of the fighting, on February 1, 1865, Congress passed the Thirteenth Amendment and forwarded it to the states. It was ratified on December 18, 1865. The Thirteenth Amendment was the first of three Reconstruction Era amendments (the Thirteenth, Fourteenth, and Fifteenth) that eliminated slavery, guaranteed due process, equal protection and voting rights to all Americans.
By its adoption, Congress intended the Thirteenth Amendment to take the question of emancipation away from politics. The Supreme Court found in In Re Slaughter-House Cases, that the “word servitude is of larger meaning than slavery . . . and the obvious purpose was to forbid all shades and conditions of African slavery.” Although some may have questioned whether persons other than African Americans could share in the amendment’s protection, the Court held that the amendment “forbids any other kind of slavery, now or hereafter. If Mexican peonage (the practice of forcing someone to work against one’s will to pay off a debt) or the Chinese coolie labor system shall develop slavery of the Mexican or Chinese race within our territory, this amendment may safely be trusted to make it void.”
In more recent cases, the Supreme Court has defined involuntary servitude broadly to forbid work forced by the use or threat of physical restraint or injury or through law. But the Supreme Court has rejected claims that define mandatory community service, taxation, and the draft as involuntary servitude.
FAQs
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.
What does the 13th Amendment say for students? ›
The 13th Amendment is the amendment to the U.S. Constitution that officially made slavery illegal. Remember that slavery happens when a person is forced to become the property of another person and isn't free to make his or her own decisions.
What is the 14th Amendment Annenberg classroom? ›
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What is the supremacy clause Annenberg classroom? ›
In McCulloch, Chief Justice John Marshall wrote that the supremacy clause unequivocally states that the “Constitution, and the Laws of the United States … shall be the supreme Law of the Land.” Closed captions available in English and Spanish.
Has the 13th Amendment ever been challenged? ›
In several consolidated cases, known as Arver v. United States , plaintiffs challenge the government's right to draft men for military service as a violation of the 13th Amendment. The U.S. Supreme Court rules that the 13th Amendment does not protect citizens from mandatory military service in times of war.
What is the 13th Amendment in simple terms? ›
Lincoln and other leaders realized amending the Constitution was the only way to officially end slavery. The 13th Amendment forever abolished slavery as an institution in all U.S. states and territories. In addition to banning slavery, the amendment outlawed the practice of involuntary servitude and peonage.
What does the 13th Amendment mean for dummies? ›
The Thirteenth Amendment to the Constitution of the United States formally abolished slavery. The Senate passed the amendment on April 8, 1864, but the House of Representatives did not pass it until January 31, 1865.
What is the rule of law Annenberg classroom? ›
In a limited government administered according to the rule of law, the rulers use power following established principles and procedures based on a constitution. By contrast, when the rulers wield power capriciously, there is rule by the unbridled will of individuals without regard for established law.
Is Annenberg classroom reliable? ›
Annenberg Classroom is an educational website featuring high-quality, well-vetted, and well-organized teaching materials for the Constitution and related topics.
What is the 15th Amendment Annenberg classroom? ›
The Fifteenth Amendment prohibits the use of race in determining who can vote. The last of the three Reconstruction Era amendments, ratified shortly after the Civil War, the Fifteenth Amendment sought to advance the civil rights and liberties of the freed slaves and other African Americans.
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once.
What is the Sixth Amendment Annenberg classroom? ›
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...
What is the Seventh Amendment Annenberg classroom? ›
The Seventh Amendment guarantees a jury trial in common law—consisting of centuries of judicial precedents—civil cases such as personal injury cases arising from car accidents, disputes between corporations for breach of contract, or discrimination and employment cases.
What is forbidden by the 13th Amendment? ›
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.
Why did the 13th Amendment fail? ›
In April 1864, the Senate, responding in part to an active abolitionist petition campaign, passed the Thirteenth Amendment to abolish slavery in the United States. Opposition from Democrats in the House of Representatives prevented the amendment from receiving the required two-thirds majority, and the bill failed.
Why is the 13th Amendment so important? ›
The 13th Amendment was important in the past and is important now, because it formally abolished slavery after the Civil War.
What does the Constitution say about students? ›
The Supreme Court ruled in 1969 that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This is true for other fundamental rights, as well.
What amendment is student rights? ›
Public school students enjoy First Amendment protection depending on the type of expression and their age. The Supreme Court clarified in Tinker v. Des Moines Independent Community School District (1969) that public students do not “shed” their First Amendment rights “at the schoolhouse gate.”
What is the student definition of amendment? ›
A. change or addition to a law is called an amendment. The word usually refers to a change to the constitution of a government. In the United States there have been 27 amendments to the Constitution. Some amendments relate to how the government is run and how people are elected to public offices.
What is the Equal Rights Amendment for students? ›
The Equal Rights Amendment (ERA) was a proposed but unratified amendment to the United States Constitution. The main underlying principle of the amendment was that gender should not determine the legal rights of men or women, and it was designed to invalidate many state and federal laws that discriminate against women.
