Slavery, being incompatible with a free government, is forever prohibited in the United States; This draft expressed a central Republican critique of slavery: That it was “incompatible with a free government.” By abolishing slavery, the Republicans sought to realize the Declaration of Independence's promise of freedom. and involuntary servitude shall be permitted only as a punishment for crime. This language was derived from the 1787 Northwest Ordinance, which allowed involuntary servitude to be used as a punishment for crime. Congress shall have power to enforce the foregoing section of this article by appropriate legislation. This clause empowered Congress to pass laws attacking slavery. Previous amendments limited national power. This one would empower the national government—a key innovation adopted by the final text and followed by future amendments.

Slavery or involuntary servitude, This clause took aim at slavery. Ashley had long been one of the strongest anti-slavery voices in Congress. except in punishment of crime, whereof the party shall have been duly convicted, This language was derived from the 1787 Northwest Ordinance, which allowed involuntary servitude to be used as a punishment for crime. is hereby forever prohibited in all the States of this Union, and in all Territories now owned, or which may hereafter be acquired by the United States. Republicans long argued “Freedom National, Slavery Local.” Congress could abolish slavery in federally controlled areas, but not in states where it already existed. With this clause, the Constitution would read: “Freedom National, Slavery Nowhere.”

Slavery or involuntary servitude, This clause took dead aim at the institution of slavery. except as a punishment for crime, shall not exist in the United States. This text made it clear that the amendment would eliminate slavery and involuntary servitude in the United States. The Congress, whenever a majority of the members elected to each House shall deem it necessary, may propose amendments to the Constitution, or, on the application of the Legislatures of a majority of the several States, shall call a convention for proposing amendments, which in either case shall be valid, to all intents and purposes, as part of the Constitution, when ratified by the Legislatures of two thirds of the several States, or by conventions in two thirds thereof; as the one or the other mode of ratification may be proposed by Congress.

Everywhere within the limits of the United States, and of each State or Territory thereof, Republicans long argued “Freedom National, Slavery Local.” Congress could abolish slavery in federally controlled areas, but not in states where it already existed. With this clause, the Constitution would read: “Freedom National, Slavery Nowhere.” all persons are equal before the law, so that no person can hold another as a slave. This language outlawed slavery with no exceptions for criminal punishment. This was contrary to other proposals, which drew on the 1787 Northwest Ordinance. This language also provided legal equality for all. Many Republicans feared that this language would turn off conservatives—including War Democrats. The 14th Amendment would echo this provision in the Equal Protection Clause.

Section One
Neither slavery nor involuntary servitude, This text took dead aim at the institution of slavery. Congress debated whether the amendment should just target slavery (itself a massive change) or also include an explicit commitment to equality. Sen. Charles Sumner of Massachusetts pushed for broader language around equality, but the final amendment focused only on slavery's abolition. except as a punishment for crime whereof the party shall have been duly convicted, The amendment barred slavery “except as a punishment for crime”—language that was derived from the 1787 Northwest Ordinance. Sen. Charles Sumner attacked this language during the congressional debates. The provision became more controversial over time, as many Southern states punished African Americans disproportionately under criminal law. shall exist within the United States, or any place subject to their jurisdiction.

This text made it clear that slavery was abolished everywhere within the United States and any territory it controlled. Before the Civil War, most Americans—including those who opposed slavery—agreed that the Constitution gave states control and allowed slavery to continue where it existed. Section Two
Congress shall have power to enforce this article by appropriate legislation. This section specifically granted Congress the authority to enforce slavery's abolition. It became a model that future amendments would follow. Since the original Constitution set up a national government of limited powers, the 13th Amendment was the first major attempt to expand these powers.