Tuesday, October 25, 2022

From the NYT: Why a Question About Slavery Is Now on the Ballot in 5 States

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Voters in five U.S. states where slavery or involuntary servitude remains legal as a punishment for people who are convicted of crimes will vote next month on whether to ban the practices outright.

If passed, the measures in Alabama, Louisiana, Oregon, Tennessee and Vermont could open a door for prisoners there to challenge forced prison labor, for which most are paid pennies per hour and in some cases not at all.

Legal experts cautioned that the ballot measures would not likely have any immediate legal effects if they passed, but prisoners and their advocates say the measures would send an instant message that Americans’ freedom from slavery does not hinge on whether they have committed a crime.

“Nothing in the Constitution is just symbolic,” said Curtis Ray Davis II, who said he earned 2 cents an hour picking cotton, okra, squash and other crops in Louisiana’s fields while imprisoned. “We do not need to enslave people in order to punish them.”

The measures, which are on the Nov. 8 ballots, have drawn criticism from some lawmakers who say that the changes are unnecessary or confusing. In one state, a former sponsor said the proposal was so ambiguous that he has started urging people to vote against it.


Penal labor in the United States.

Convict Labor during the Colonial Period.

The Emergence of American Labor.

Establishing the Georgia Colony, 1732-1750.