amendment 13
“The hidden danger of relying on incarceration as the major solution to behaviors that are often the byproducts of poverty is that the solution reproduces the very problem it purports to solve.”
-Dr. Angela Davis
The Issue:
The Emancipation Proclamation did not end chattel slavery, it rebranded it! The Proclamation was preceded by the District of Columbia Compensated Emancipation Act in 1862; which freed enslaved Black Americans in D.C., and compensated former owners up to $300 for each freeperson. The 13th Amendment must be repealed and replaced, and reparations paid to Black Americans across this country.
With ongoing discussions and calls to abolish and/or defund the United States’ law enforcement system, it’s important to recognize that the rampant excessive uses of force and abuses of power are but symptoms of much deeper problems that are rooted in the 13th Amendment. [Amendment 13] Adamson (1983) [Punishment after Slavery] states that “slaves were punished according to slave codes, so that the criminal justice system which emerged prior to the Civil War was for whites-only. There was considerable continuity in how white and black offenders were treated and controlled” (p.555). With the inclusion of the ‘punishment clause’, the 13th amendment created space for a law enforcement system built on white supremacy, and that thrived on punishment rather than rehabilitation.
Adamson (1983) makes the argument that hiring out convicts to planters, mining companies, and railroad contractors on a long-term basis was not designed to solely rid the state of a prison problem. This system was a functional replacement for slavery; it provided an economic source of cheap labor and a political means to re-establish white supremacy in the South (Adamson, 1983). “The fact that the emancipated slaves represented both a dangerous class and, in the words used Marx used to describe the reserve army of labor, a mass of human material always ready for exploitation” (Adamson, 1983, p. 556).
The California Prison Industry (CALPIA) is a business here in California that manages approximately 7,000 incarcerated workers. These workers produce items ranging from U.S. flags, to state license plates, to furniture. CALPIA then sells these items back to various State agencies, with the California Department of Corrections and Rehabilitation (CDCR) being its largest client. The company reports that its “participants” contribute approximately 40% of their wages ($.35 to $.95 per hour) to pay court-ordered restitution and fees.
At $.95 per hour for an 8 hour day, the person would make $7.60 per day. How could someone ever hope to pay off anything at that rate? Meanwhile, CALPIA made roughly $23.7 million in 2019 revenue from fabric sales, with furniture being a close second at $16.9 million netted by the company. We cannot continue to proclaim the U.S. as the “standard of democracy” if we continue to center profit over the needs and basic human rights of our people.
Precedent:
Constitutional Authority:
Article V [Article V] of the United States Constitution grants Congress the authority to propose amendments to the Constitution, with the approval of two-thirds of both houses. This article also outlines that two-thirds of the State legislatures can petition Congress to call a convention for proposing amendments to the Constitution.
“The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds 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 this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.”
Amendment 14 [Amendment 14] of the United States Constitution dictates that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. It goes on to prohibit states from making or enforcing any law that would abridge the privileges of the citizens of the United States. Section 1 concludes by stipulating that states may not deny to any person within its jurisdiction the equal protection of the laws.
benefit to California:
Article 1, Section 6 of the California Constitution states that:
“Slavery is prohibited. Involuntary servitude is prohibited except to punish crime.”
Ratification of The Emancipation Act would bring California in line with Federal law regarding the prohibition of slavery, and the prohibition of involuntary servitude in the United States of America or any of its jurisdictions. The Emancipation Act would affirm the abolition of slavery, and eliminate the practice of involuntary servitude as punishment for a crime. The aforementioned act would also require States to compensate incarcerated workers no less than the Federal minimum wage. This current practice disproportionately impacts black and brown communities; with African-American Californians making up approximately 6% of the State population but 29% of the State prison population. Latinx Californians make up approximately 40% of the State population while accounting for about 45% of the State prison population as reported by the Vera Institute of Justice.
In addition to re-affirming the basic human rights of Californians, even while incarcerated, the Emancipation Act would also provide incarcerated persons some degree of financial independence once released. This would also benefit the State and Federal government by putting incarcerated persons in a better position to contribute to State and Federal taxes, as well as to pay any court-ordered restitution and fees. The position that this current practice saves the State money is insufficient when said savings allow for incarcerated persons, mostly black and brown, to be exploited.
proposed legislation:
Amendment 29 (A29) to be known as The Emancipation Act.