The Thirteenth Amendment to the United States Constitution, adopted in 1865 at the conclusion of the Civil War, abolished slavery across the United States with one notable exception. According to the 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” (emphasis added). In other words, slavery and involuntary servitude remain constitutionally acceptable forms of punishment for individuals who are convicted of crimes. This loophole has a disturbing history of being used to target Black Americans in the aftermath of the Civil War, with local authorities imprisoning thousands of formerly enslaved people on faulty charges and exploiting their labor. In upholding the legality of forced prison labor, the Virginia Supreme Court even went so far as to describe a prisoner who challenged the practice as a “slave of the State.” Ruffin v. Commonwealth (1871).
slavery
The 1619 Project and a Path Forward to Racial Justice
In commemoration of Juneteenth 2021, Proskauer was honored to host Nikole Hannah-Jones, founder of The 1619 Project, as part of its A Path Forward lecture series and Collaborate for Change program. The discussion was moderated by Keisha-Ann Gray, a partner in the New York office, with support from Proskauer’s Black Lawyer Affinity Group.
Hannah-Jones shared insight into the enduring legacy of slavery and how systemic racial inequities contrast with American ideals. Although this holiday celebrates a moment of hope and joy, its existence also raises important questions and invites reflection.
The 1619 Project, an initiative at The New York Times spearheaded by Hannah-Jones, is provocative for some because it challenges the concept of our national identity. Hannah-Jones questions the framing of the nation’s founders as ushering in liberty and equality for all when some Americans were considered to be less than human. No longer should we view slavery and the contributions of Black Americans as a footnote, but rather “at the very center of the United States.”
Confronting Racial Injustice: Felony Convictions and the Right to Vote
By William C. Silverman on
The idea that individuals with a felony conviction should be barred from voting for at least some period of time is widely accepted across the United States. But when you consider that current laws arose out of explicit racial animus following the Civil War and the end of slavery; when you look at the disproportionate effect the practice has had on people of color; and when you weigh the arguments in favor of disenfranchising millions of Americans – it becomes apparent that states should revisit this issue as part of broader criminal justice reform efforts and broader calls to address systemic racism.
Currently, over five million Americans who otherwise qualify to vote cannot do so as the result of a felony conviction.