Passed by Congress January 31, 1865. Ratified December 6, 1865. The 13th Amendment changed a portion of Article IV, Section 2.
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.
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.
Annenberg Classroom connects an award-winning, comprehensive multimedia curriculum on the Constitution to daily civics news and articles that support in-class and online student discussion. Annenberg Classroom also includes FlackCheck.org, an excellent resource for teaching political literacy skills. Annenberg Classroom is presented by the Leonore Annenberg Institute for Civics of the Annenberg Public Policy Center of the University of Pennsylvania.
From the beginning of the American republic, slaves argued that they, too, were included in the Declaration of Independence’s self-evident truth that “all men are created equal.” Sectional division over the “peculiar institution” of American slavery would plague the nation until at last it culminated in a civil war that cost more than six hundred thousand lives. But out of that war came a constitutional amendment resolving, once and for all, that slavery could not exist in a government created by “we the people.”
Linda R. Monk, J.D., is a constitutional scholar, journalist, and nationally award-winning author. A graduate of Harvard Law School, she twice received the American Bar Association’s Silver Gavel Award, its highest honor for law-related media. Her books include The Words We Live By: Your Annotated Guide to the Constitution, Ordinary Americans: U.S. History Through the Eyes of Everyday People, and The Bill of Rights: A User’s Guide. For more than 25 years, Dr. Monk has written commentary for newspapers nationwide, including the New York Times, Washington Post, Los Angeles Times, Chicago Tribune, Miami Herald, and Huffington Post. In addition, she has appeared on MSNBC, C-SPAN, and NPR.