State Constitutional Changes on the Ballot

Did you know that some state constitutions still contain language that permits slavery as punishment for convicted criminals? About twenty of them still do. But this November, citizens in Tennessee, Louisiana, Oregon, Vermont, and Alabama will vote on whether to remove that language from their state constitutions. But not everyone agrees that this is a good idea. Here, Election Central takes a closer look at the issue. 

What About the 13^th Amendment? 

The 13^th Amendment to the U.S. Constitution got rid of slavery and involuntary servitude in the United States. But it left one loophole: slavery and servitude were still acceptable punishments for someone convicted of a crime. The same “exception clause” loophole also appears in twenty state constitutions as well. Some politicians and prison reform advocates are concerned that this antiquated language motivated by antiquated idea can be used today to justify forcing prisoners to work. Their goal is to eventually make all prison work voluntary. 

Historically, the exception clause helped justify the “Black Codes” in the South after the Civil War. The Black Codes were oppressive laws that convicted people of color of offenses such as loitering or vagrancy. They were then forced to work for free as prisoners. 

A State-by-State Breakdown 

The states are using the referendum process to vote on these state constitutional changes. A referendum asks voters to accept or reject possible legislative actions. In Tennessee, the referendum to remove the exception clause from the state constitution is known as Amendment 3. It has received widespread cross-party support across the state. In Vermont, which was the first colony to outlaw slavery in 1777, there will be a provision on the November ballot stating that slavery and indentured slavery in any form are prohibited. In Oregon, the issue is known as Measure 112. It would remove the part of the state constitution that allows for slavery and indentured servitude as punishment. Measure 112 would also go a step further, by adding language allowing the courts to order alternatives to imprisonment for people convicted of crimes. Louisiana’s ballot initiative is called Amendment 7. If it passes, it will outlaw slavery and indentured servitude. In Alabama, voters will decide whether to amend their state constitution in the same way as in Louisiana. The Alabama referendum also asks to remove language about interracial marriage and segregation of schools at the same time. (Interracial marriage, or marriage of people from different races. Segregated schools were schools that specifically defined attendance upon race.)  

Reason for Opposition 

Some Tennessee legislators, for example, note that the change is largely symbolic. Still, they point out that words matter. They want to remove the loophole to send a clear message that Tennessee will not tolerate slavery for any reason. Four other Tennessee legislators, including Representative Joey Hensley, voted against the state’s referendum. Hensley said that this is an unnecessary use of time and resources. Others have voiced reservations about altering documents that are hundreds of years old and say that slavery was already outlawed with the 13^th Amendment. 

Has This Been Done Before? 

These five states are not the first to put this issue on the ballot. In 2018, voters in Colorado, Nebraska, and Utah overwhelmingly accepted similar changes to their state constitutions. Supporters hope that as more and more states revise their state constitutions to eliminate their “exception clause” loopholes, Congress will be convinced to remove this language from the U.S. Constitution as well.  

What Do You Think? Ask your classmates if you think that this referendum is an important change to these states’ constitutions. Have a class discussion to share everyone’s thoughts on this matter. Remember to be respectful in your comments and when listening to others.