From University of Chicago:
The 13th Amendment of the United States Constitution abolished slavery and involuntary servitude—except as punishment for a crime. This so-called "Except Clause" has long been used to justify forced labor in federal and state prison systems.
Asst. Prof. of Law Adam A. Davidson, JD’17, challenges this interpretation.
“I can recall no sentence hearing, brief or appellate record that has mentioned slavery or involuntary servitude as punishment,” he said.
This absence of direct acknowledgment has resulted in what Davidson calls "administrative enslavement," a system in which incarcerated people are forced to work under harsh conditions and for meager wages, without any explicit designation that their sentence includes enslavement. Davidson explored this issue in depth in his 2024 paper, “Administrative Enslavement,” published in the Columbia Law Review. Continue reading >>>
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