09/13/2026
Research Findings: 13th Amendment Punishment Clause
The Clause
The 13th Amendment to the U.S. Constitution, ratified in 1865, abolished slavery and involuntary servitude "except as a punishment for crime whereof the party shall have been duly convicted." This is known as the "punishment clause" or "exception clause."
Current Impact
Prison Labor: The clause allows for forced labor in prisons. Incarcerated individuals are often required to work for little to no pay (averaging $0.13 to $0.52 per hour).
Economic Competition: Cheap prison labor can undercut private sector businesses and free-market wages, a point of concern for some conservative groups.
State Reforms: Several states (e.g., Alabama, Oregon, Tennessee, Vermont) have recently voted to remove similar language from their state constitutions.
Reform Proposals
Abolition Amendment: Introduced by Sen. Jeff Merkley (D-OR) and Rep. Nikema Williams (D-GA), this proposal seeks to end the exception entirely at the federal level.
Fair Wages for Incarcerated Workers Act: Focuses on applying minimum wage laws to prison labor.
Trump Administration Context
First Step Act (2018): Signed by Trump, focused on rehabilitation and reducing recidivism. It did not directly address the 13th Amendment clause but showed a willingness to engage in bipartisan criminal justice reform.
Agenda 47 / Project 2025: Current conservative platforms focus on "law and order," harsher penalties for certain crimes (e.g., drug dealing), and expanding the death penalty. There is no explicit mention of removing the 13th Amendment exception, but there is a focus on "work-ready" initiatives for former prisoners.
Potential Conflict/Opportunity: While the administration's "tough on crime" stance might seem at odds with removing the "punishment" aspect, the economic argument (unfair competition with private business) and the "First Step" legacy of rehabilitation provide a pathway for reform.
