5 ms·

"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

by anon11 16y ago

"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."

sage_joch 16y ago
Ouch, I stand corrected. I should know by now not to take quotes from articles at face value, especially when it is so easy to look up the source directly. :-)
fleitz 16y ago
There are many ways to interpret that statement. One interpretation would go towards that a judge may specify involuntary servitude (eg. community service) as punishment, and another would say that involuntary servitude is implied by the prison sentence. I'm sure the prisoners take the former interpretation that involuntary servitude was not specified as punishment and thus is unconstitutional. Also, the 13th amendment absolutely bans slavery, so if you can construe characteristics of ownership then you could make it unconstitutional. Georgia also has a history of abusing the law to keep slavery in all but name going which would negatively impact the states' case in a non-southern court, and would make a good case as to the intent of Georgian legislation being to revive slavery. I mean when they're trying to put the Confederate flag back on their flag it gives a person pause as to the intent of not paying their labor. http://www.foxnews.com/story/0,2933,85078,00.html http://www.foxnews.com/story/0,2933,85078,00.html This is why most states pay their employees in prison a pittance rather than absolutely nothing. It avoids the issue entirely and makes it one of labor law. Re-education through labor, not just for communists anymore!
- ynniv 16y ago
  Re-education through labor, not just for communists anymore! It is also for capitalists. Georgia has a number of privately operated, for profit prisons. (It does not appear that any of them were involved in this strike.) [ http://www.dcor.state.ga.us/Divisions/Corrections/PrivatePrisons.html http://www.dcor.state.ga.us/Divisions/Corrections/PrivatePri... ] [ http://www.thegeogroupinc.com/ http://www.thegeogroupinc.com/ ] [ http://www.correctionscorp.com/ http://www.correctionscorp.com/ ]
  - jberryman 16y ago
    Welcome to the Prison-Industrial Complex: it's like slavery but with more rape jokes!
    - salemh 16y ago
      While sarcastic, the state of the "Prison-Industrial" complex reads like a science fiction novel.
      - rbanffy 16y ago
        You know sci-fi is frequently not about predicting the future, but preventing it.
      - deleted 16y ago
        [deleted]
- bugsy 16y ago
  I agree with your point. The "as" in the term "as a punishment" indicates that it is given explicitly as a punishment, and in lieu of a prison term. Rather than be put in prison, the judge can order you to go work in some capacity without pay, as with community service.
deleted 16y ago
[deleted]
barrkel 16y ago
Which just shows you a flaw in the US constitution.
- ChristianMarks 16y ago
  This may be the contradiction that Godel was about to blurt out during naturalization, before von Neumann kicked him in the shins.
- Bystander 16y ago
  it's not a flaw - you break the laws, you pay the price. it shouldn't be a vacation.

by anon11 16y ago

sage_joch 16y ago

Ouch, I stand corrected. I should know by now not to take quotes from articles at face value, especially when it is so easy to look up the source directly. :-)

fleitz 16y ago

There are many ways to interpret that statement. One interpretation would go towards that a judge may specify involuntary servitude (eg. community service) as punishment, and another would say that involuntary servitude is implied by the prison sentence. I'm sure the prisoners take the former interpretation that involuntary servitude was not specified as punishment and thus is unconstitutional. Also, the 13th amendment absolutely bans slavery, so if you can construe characteristics of ownership then you could make it unconstitutional. Georgia also has a history of abusing the law to keep slavery in all but name going which would negatively impact the states' case in a non-southern court, and would make a good case as to the intent of Georgian legislation being to revive slavery. I mean when they're trying to put the Confederate flag back on their flag it gives a person pause as to the intent of not paying their labor. http://www.foxnews.com/story/0,2933,85078,00.html http://www.foxnews.com/story/0,2933,85078,00.html This is why most states pay their employees in prison a pittance rather than absolutely nothing. It avoids the issue entirely and makes it one of labor law. Re-education through labor, not just for communists anymore!

ynniv 16y ago
Re-education through labor, not just for communists anymore! It is also for capitalists. Georgia has a number of privately operated, for profit prisons. (It does not appear that any of them were involved in this strike.) [ http://www.dcor.state.ga.us/Divisions/Corrections/PrivatePrisons.html http://www.dcor.state.ga.us/Divisions/Corrections/PrivatePri... ] [ http://www.thegeogroupinc.com/ http://www.thegeogroupinc.com/ ] [ http://www.correctionscorp.com/ http://www.correctionscorp.com/ ]
- jberryman 16y ago
  Welcome to the Prison-Industrial Complex: it's like slavery but with more rape jokes!
  - salemh 16y ago
    While sarcastic, the state of the "Prison-Industrial" complex reads like a science fiction novel.
    - rbanffy 16y ago
      You know sci-fi is frequently not about predicting the future, but preventing it.
    - deleted 16y ago
      [deleted]
bugsy 16y ago
I agree with your point. The "as" in the term "as a punishment" indicates that it is given explicitly as a punishment, and in lieu of a prison term. Rather than be put in prison, the judge can order you to go work in some capacity without pay, as with community service.

deleted 16y ago

[deleted]

barrkel 16y ago

Which just shows you a flaw in the US constitution.

ChristianMarks 16y ago
This may be the contradiction that Godel was about to blurt out during naturalization, before von Neumann kicked him in the shins.
Bystander 16y ago
it's not a flaw - you break the laws, you pay the price. it shouldn't be a vacation.