AllExperts > Encyclopedia 
Search      
Find out about volunteering to AllExperts

Thirteenth Amendment to the United States Constitution: Encyclopedia BETA


Free Encyclopedia
 Home · Index · Browse A-Z  · Questions and Answers ·
Encyclopedia

Browse A-Z
ABCDEFGHIJKLMNOPQRSTUVWXYZNum


License
Disclaimer

 
 
 
 
Free Online Courses
12 Weeks to Weight Loss
Take Charge of Stress
Learn How to Bake
Budgeting 101
Deeper Faith
DIY Fashion Makeover

       MORE E-COURSES
 
   

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z  Misc

Thirteenth Amendment to the United States Constitution

thumb

Amendment XIII (the Thirteenth Amendment) of the United States Constitution abolished slavery and, with the exception of allowing punishments for crimes, prohibits involuntary servitude. The article states:
: 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.

The thirteenth amendment to the Constitution of the United States was proposed to the legislatures of the several states by the Thirty-eighth Congress, on January 31, 1865.

Ratification

The amendment was declared, in a proclamation of Secretary of State William Henry Seward, dated December 18, 1865, to have been ratified by the legislatures of twenty-seven of the then thirty-six states. The dates of ratification were:
1.IllinoisFebruary 1, 1865
2.Rhode IslandFebruary 2, 1865
3.MichiganFebruary 2, 1865
4.MarylandFebruary 3, 1865
5.New YorkFebruary 3, 1865
6.PennsylvaniaFebruary 3, 1865
7.West VirginiaFebruary 3, 1865
8.MissouriFebruary 6, 1865
9.MaineFebruary 7, 1865
10.KansasFebruary 7, 1865
11.MassachusettsFebruary 7, 1865
12.VirginiaFebruary 9, 1865
13.OhioFebruary 10, 1865
14.IndianaFebruary 13, 1865
15.NevadaFebruary 16, 1865
16.LouisianaFebruary 17, 1865
17.MinnesotaFebruary 23, 1865
18.WisconsinFebruary 24, 1865
19.VermontMarch 9, 1865
20.TennesseeApril 7, 1865
21.ArkansasApril 14, 1865
22.ConnecticutMay 4, 1865
23.New HampshireJune 1, 1865
24.South CarolinaNovember 13, 1865
25.AlabamaDecember 2, 1865
26.North CarolinaDecember 4, 1865
27.GeorgiaDecember 6, 1865



Ratification was completed on December 6, 1865. The amendment was subsequently ratified by:
28.OregonDecember 8, 1865
29.CaliforniaDecember 19, 1865
30.FloridaDecember 28, 1865(Florida again ratified on June 9, 1868, upon its adoption of a new constitution)
31.IowaJanuary 15, 1866
32.New JerseyJanuary 23, 1866(after having rejected the amendment on March 16, 1865)
33.TexasFebruary 18, 1870
34.DelawareFebruary 12, 1901(after having rejected the amendment on February 8, 1865)
35.KentuckyMarch 18, 1976(after having rejected the amendment on February 24, 1865)
36.MississippiMarch 21, 1995(after having rejected the amendment on December 4, 1865).


Interpretation and history

This amendment completed the abolition of slavery, which had begun with President Abraham Lincoln's Emancipation Proclamation of 1863. The Emancipation Proclamation had only applied to slaves being held in areas that were in rebellion against the United States at the time of the Proclamation. Slaves in areas then controlled by the Union were not freed until this amendment took effect (However, some states where slavery was formerly legal had changed their constitutions in the meantime).

The Supreme Court has ruled that the Thirteenth Amendment does not prohibit mandatory military service in the United States. Interestingly enough, the 13th Amendment makes the use of the "chain gang" or other methods of involuntary servitude by convicted criminals constitutional in the United States, as long as the methods of enforcing the servitude are not "cruel and unusual" (floggings, beatings, etc.).

The Thirteenth Amendment also prohibits specific performance as a judicial remedy for violations of contracts for personal services such as employment contracts.

Offenses against the Thirteenth Amendment were being prosecuted as late as 1947United States v. Rowe, 73 Federal Supplement 76, as cited by



Email this page
About Us | Advertise on This Site | User Agreement | Privacy Policy | Kids' Privacy Policy | Help
About and About.com are registered trademarks of About, Inc. The About logo is a trademark of About, Inc. All rights reserved.
This is the "GNU Free Documentation License" reference article from the English Wikipedia. All text is available under the terms of the GNU Free Documentation License. See also our Disclaimer.