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American History

From Slavery to Cells: The Origins of America’s Prison Industry

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1. The Legacy of Slavery in American Law

1. The Legacy of Slavery in American Law
Image Source: Wikimedia Commons.

The 13th Amendment to the U.S. Constitution, ratified in 1865, ostensibly ended slavery. However, its critical exception—allowing involuntary servitude “as a punishment for crime”—created a legal loophole with far-reaching consequences. This exception enabled states to force incarcerated individuals, disproportionately Black, into hard labor. The text’s ambiguity continues to shape the prison system’s role in society. For a close look at the amendment’s wording and historical impact, see the National Archives.

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