Thirteenth Amendment to the United States Constitution

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Amendment XIII (the Thirteenth Amendment) of the United States Constitution abolished slavery and, with the exception of allowing punishments for crimes, prohibits involuntary servitude. The article states:

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 thirteenth amendment to the Constitution of the United States was proposed to the legislatures of the several states by the Thirty-eighth Congress, on January 31, 1865.

Ratification

The amendment was declared, in a proclamation of Secretary of State William Henry Seward, dated December 18, 1865, to have been ratified by the legislatures of twenty-seven of the then thirty-six states. The dates of ratification were:

1.Illinois February 1, 1865
2.Rhode Island February 2, 1865
3.Michigan February 2, 1865
4.Maryland February 3, 1865
5.New York February 3, 1865
6.Pennsylvania February 3, 1865
7.West Virginia February 3, 1865
8.Missouri February 6, 1865
9.Maine February 7, 1865
10.Kansas February 7, 1865
11.Massachusetts February 7, 1865
12.Virginia February 9, 1865
13.Ohio February 10, 1865
14.Indiana February 13, 1865
15.Nevada February 16, 1865
16.Louisiana February 17, 1865
17.Minnesota February 23, 1865
18.Wisconsin February 24, 1865
19.Vermont March 9, 1865
20.Tennessee April 7, 1865
21.Arkansas April 14, 1865
22. Connecticut May 4, 1865
23. New Hampshire June 1, 1865
24. South Carolina November 13, 1865
25. Alabama December 2, 1865
26. North Carolina December 4, 1865
27. Georgia December 6, 1865



Ratification was completed on December 6, 1865. The amendment was subsequently ratified by:

28. Oregon December 8, 1865
29. California December 19, 1865
30. Florida December 28, 1865 (Florida again ratified on June 9, 1868, upon its adoption of a new constitution)
31. Iowa January 15, 1866
32. New Jersey January 23, 1866(after having rejected the amendment on March 16, 1865)
33. Texas February 18, 1870
34. Delaware February 12, 1901(after having rejected the amendment on February 8, 1865)
35. Kentucky March 18, 1976(after having rejected the amendment on February 24, 1865)
36. Mississippi March 21, 1995(after having rejected the amendment on December 4, 1865).



Interpretation and history

This amendment completed the abolition of slavery, which had begun with President Abraham Lincoln's Emancipation Proclamation of 1863. The Emancipation Proclamation had only applied to slaves being held in areas that were in rebellion against the United States at the time of the Proclamation. Slaves in areas then controlled by the Union were not freed until this amendment took effect (However, some states where slavery was formerly legal had changed their constitutions in the meantime).

The Supreme Court has ruled that the Thirteenth Amendment does not prohibit mandatory military service in the United States. Interestingly enough, the 13th Amendment makes the use of the "chain gang" or other methods of involuntary servitude by convicted criminals constitutional in the United States, as long as the methods of enforcing the servitude are not "cruel and unusual" (floggings, beatings, etc.).

The Thirteenth Amendment also prohibits specific performance as a judicial remedy for violations of contracts for personal services such as employment contracts.

See also

External links


  United States Constitution Complete text at WikiSource

Original text: Preamble | Article 1 | Article 2 | Article 3 | Article 4 | Article 5 | Article 6 | Article 7

Amendments: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27
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 Interpretation  Congressional power of enforcement | Double jeopardy | Enumerated powers | Incorporation of the Bill of Rights | Nondelegation | Preemption | Separation of church and state | Separation of powers | Constitutional theory
de:13. Zusatz zur Verfassung der Vereinigten Staaten von Amerika

he:התיקון ה-13 לחוקת ארצות הברית