Constitution of the United States

Amend. XIII. Abolition of Slavery

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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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Editor's notes

U.S. Const., amend. 13 establishes a rule for private, as well as state and federal, action, see Clyatt v. United States, 197 U.S. 207, 27 S. Ct. 429, 49 L. Ed. 726 (1905). It renders obsolete the following constitutional provisions: the clause “three-fifths of all other persons” in U.S. Const., art. I, sec. II, cl. 3, U.S. Const., art. I, sec. IX, and U.S. Const., art. IV, sec. II, cl. 3.

Cross references

Proscription of slavery and involuntary servitude, Ga. Const. 1983, Art. I, Sec. I, Para. XXII. Hiring out of inmates, § 42-5-60.

Law reviews

For article discussing constitutionality of restrictive covenants, see 12 Ga. B.J. 277 (1950). For article, “The Law of the Land,” focusing on the role of the Supreme Court, see 6 J. of Pub. L. 444 (1957). For comment, “The ‘Right to Work’: Individual or Collective Right,” focusing on Railway Employees’ Dep’t v. Hanson, 351 U.S. 225, 76 S. Ct. 714, 100 L. Ed. 1112 (1956), see 6 J. of Pub. L. 263 (1957). For note discussing Georgia legislation governing the indenture of children and the practice of child indenture within the state, see 15 J. of Pub. L. 349 (1966). For article discussing functional broadening of Congress’ delegated powers and its effect on civil liberties, see 18 J. of Pub. L. 103 (1969). For comment on United States v. West Peachtree Tenth Corp., 437 F.2d 221 (5th Cir. 1971), see 5 Ga. L. Rev. 603 (1971). For article, “State Action and Civil Rights,” see 23 Mercer L. Rev. 519 (1972). For note, “ERA: The Effect of Extending the Time for Ratification on Attempts to Rescind Prior Ratifications,” see 28 Emory L.J. 71 (1979). For article discussing the history and effect of this amendment, see 13 Ga. L. Rev. 1447 (1979). For article discussing the concept of a mandatory public service obligation for lawyers, see 29 Emory L.J. 997 (1980). For article, “Problems in Search of Principles: The First Amendment in the Supreme Court from 1791-1930,” see 35 Emory L.J. 59 (1986). For article, “Rights: Afterthoughts,” see 27 Ga. L. Rev. 473 (1993). For article, “Slavery and Race: New Ideas and Enduring Shibboleths in the Interpretation of the American Constitutional System,” see 44 Mercer L. Rev. 637 (1993). For article, “Rethinking Constitutional Review in America and the Commonwealth: Judicial Protection of Human Rights in the Common Law World,” see 35 Ga. J. Int’l & Comp. L. 99 (2006). For article, “A Comparative Analysis of Unconscious and Institutional Discrimination in the United States and Britain,” see 36 Ga. J. Int’l & Comp. L. 89 (2007). For article, “An Empirical Economic Analysis of the 2005 Bankruptcy Reforms,” see 24 Bank. Dev. J. 327 (2008). For article, “Noah’s Curse: How Religion Often Conflates Status, Believe, and Conduct to Resist Antidiscrimination Norms,” see 45 Ga. L. Rev. 657 (2011). For note, “Denying Reparation for Slave and Forced laborers in World War II and the Ensuing Humanitarian Rights Implications: A Case Study of the ICJA’s Recent Decision in Jurisdictional Immunities of the State (Ger.V. IT.: Greece Intervening),” see 41 Ga. J. Int’l & Comp. L. 775 (2013). For article, “Diversity, Democracy & Pluralism: Confronting the Reality of Our Inequality,” see 66 Mercer L. Rev. 577 (2015). For article, “Prohibitive Failure: The Demise of the Ban on Sports Betting,” see 35 Ga. St. U.L. Rev. 329 (2019). For article, “Foreword: Preventing Human Trafficking,” see 36 Ga. St. U.L. Rev. vi (2020). For article, “The Thirteenth Amendment and Human Trafficking: Lessons & Limitations,” see 36 Ga. St. U.L. Rev. 1005 (2020).

Other notes (16 entries, as printed)

Badges and incidents of slavery.: Under U.S. Const., amend. 13, Congress has the power to determine what constitutes the badges and incidents of slavery and to translate that determination into effective legislation, such as 42 U.S.C. § 1982. Whatever else they may have encompassed, the badges and incidents of slavery include restraints upon the right to purchase, lease, sell, and convey property. Roberson v. Great Am. Ins. Cos., 48 F.R.D. 404, 1969 U.S. Dist. LEXIS 13315 (N.D. Ga. 1969). Power to enforce amendment
through legislation.: The power vested in Congress to enforce U.S. Const., amend. 13 by appropriate legislation, includes the power to enact direct and primary laws, operating upon the acts of individuals, whether sanctioned by state legislation or not. United States v. Bob Lawrence Realty, Inc., 474 F.2d 115, 1973 U.S. App. LEXIS 11645 (5th Cir.), cert. denied, 414 U.S. 826, 94 S. Ct. 131, 38 L. Ed. 2d 59, 1973 U.S. LEXIS 356 (1973). Congressional power to abolish
slavery.: Section 2 of U.S. Const., amend. 13 clothed Congress with power to pass all laws necessary and proper for abolishing all badges and incidents of slavery in the United States. United States v. Bob Lawrence Realty, Inc., 474 F.2d 115, 1973 U.S. App. LEXIS 11645 (5th Cir.), cert. denied, 414 U.S. 826, 94 S. Ct. 131, 38 L. Ed. 2d 59, 1973 U.S. LEXIS 356 (1973). Legislation against discriminatory
housing practices.: A statute that makes unlawful economic exploitation of racial bias and panic selling is one regulating conduct, and any inhibiting effect it may have upon speech is justified by the government’s interest in protecting its citizens from discriminatory housing practices and is not violative of U.S. Const., amend. 1. United States v. Bob Lawrence Realty, Inc., 474 F.2d 115, 1973 U.S. App. LEXIS 11645 (5th Cir.), cert. denied, 414 U.S. 826, 94 S. Ct. 131, 38 L. Ed. 2d 59, 1973 U.S. LEXIS 356 (1973). Congress has power under U.S. Const., amend. 13 to eradicate conditions that prevent blacks from buying and renting property because of their race or color, and no federal statute calculated to achieve that objective can be thought to exceed the constitutional power of Congress simply because it reaches beyond state action to regulate the conduct of private individuals. United States v. Bob Lawrence Realty, Inc., 474 F.2d 115, 1973 U.S. App. LEXIS 11645 (5th Cir.), cert. denied, 414 U.S. 826, 94 S. Ct. 131, 38 L. Ed. 2d 59, 1973 U.S. LEXIS 356 (1973). Congressional power to legislate in cial discrimination is derived from U.S. Const., amend. 13, the power over interstate commerce, the power under U.S. Const., amend. 14, and the power under U.S. Const., amend. 15. United States v. Bob Lawrence Realty, Inc., 474 F.2d 115, 1973 U.S. App. LEXIS 11645 (5th Cir.), cert. denied, 414 U.S. 826, 94 S. Ct. 131, 38 L. Ed. 2d 59, 1973 U.S. LEXIS 356 (1973). Congressional power as to racial
furtherance of the elimination of rabarriers to property acquisition.: The authority of Congress to enforce U.S. Const., amend. 13 by appropriate legislation includes the power to eliminate all racial barriers to the acquisition of real and personal property. United States v. Bob Lawrence Realty, Inc., 474 F.2d 115, 1973 U.S. App. LEXIS 11645 (5th Cir.), cert. denied, 414 U.S. 826, 94 S. Ct. 131, 38 L. Ed. 2d 59, 1973 U.S. LEXIS 356 (1973).
Discriminatory purpose not found.: — African-American residents of a city failed to establish that, by retaining an at-large election system for city officials, the city acted with a discriminatory purpose in violation of the federal constitution. Cofield v. City of LaGrange, 969 F. Supp. 749, 1997 U.S. Dist. LEXIS 9568 (N.D. Ga. 1997). Package bond issue submitted to
voters.: In requesting the county board of commissioners to submit a package bond issue to the voters instead of three separate bond issues, the county board of education did not time and structure the school bond referendum with the intent of diluting minority voting strength and manipulating the minority vote in violation of the first, thirteenth, fourteenth, and fifteenth amendments to the Constitution of the United States. Lucas v. Townsend, 783 F. Supp. 605, 1992 U.S. Dist. LEXIS 653 (M.D. Ga.), aff’d, 967 F.2d 549, 1992 U.S. App. LEXIS 17595 (11th Cir. 1992). Statute aimed at the commercial teer off the ills of society, conduct that U.S. Const., amend. 13 empowers Congress to regulate, regulates commercial activity, not speech. United States v. Bob Lawrence Realty, Inc., 474 F.2d 115, 1973 U.S. App. LEXIS 11645 (5th Cir.), cert. denied, 414 U.S. 826, 94 S. Ct. 131, 38 L. Ed. 2d 59, 1973 U.S. LEXIS 356 (1973). When commercial speech may be
activities of those who would profiprohibited.: The federal government may in some circumstances prohibit purely commercial speech made in connection with conduct which Congress can permissibly regulate or prohibit. United States v. Bob Lawrence Realty, Inc., 474 F.2d 115, 1973 U.S. App. LEXIS 11645 (5th Cir.), cert. denied, 414 U.S. 826, 94 S. Ct. 131, 38 L. Ed. 2d 59, 1973 U.S. LEXIS 356 (1973). Title 42 U.S.C. § 1982 bars all discrimination in the sale and rental of property, and given this reading, § 1982 is constitutional under U.S. Const., amend. 13. Roberson v. Great Am. Ins. Cos., 48 F.R.D. 404, 1969 U.S. Dist. LEXIS 13315 (N.D. Ga. 1969).
Employment discrimination.: U.S. Const., amend. 13 does not create a cause of action for employment discrimination. Mitchell v. Carrier Corp., 954 F. Supp. 1568, 1995 U.S. Dist. LEXIS 21405 (M.D. Ga. 1995), aff’d, 108 F.3d 343, 1997 U.S. App. LEXIS 3016 (11th Cir. 1997). Inapplicable to call to service to
meet public need.: U.S. Const., amend. 13 has no application to a call for service made by one’s government according to law to meet a public need, just as a call for money in such a case is taxation and not confiscation of property. Heflin v. Sanford, 142 F.2d 798, 1944 U.S. App. LEXIS 3514 (5th Cir. 1944). U.S. Const., amend. 13 abolished slavery and involuntary servitude, except as a punishment for crime, but was never intended to limit the war powers of government or its right to exact by law public service from all to meet the public need. Heflin v. Sanford, 142 F.2d 798, 1944 U.S. App. LEXIS 3514 (5th Cir. 1944). Work and labor on the part of prisoners is not in itself unconstitutional or unlawful. Wilson v. Kelley, 294 F. Supp. 1005, 1968 U.S. Dist. LEXIS 8039 (N.D. Ga.), aff’d, 393 U.S. 266, 89 S. Ct. 477, 21 L. Ed. 2d 425, 1968 U.S. LEXIS 6 (1968). Hard labor as a penalty for crime is expressly permitted by U.S. Const., amend. 13 and not prohibited by U.S. Const., amend. 8. Wilson v. Kelley, 294 F. Supp. 1005, 1968 U.S. Dist. LEXIS 8039 (N.D. Ga.), aff’d, 393 U.S. 266, 89 S. Ct. 477, 21 L. Ed. 2d 425, 1968 U.S. LEXIS 6 (1968). That one who has received an advance on a contract for services that the person is unable to repay is bound by the threat of penal sanction to remain at the person’s employment until the debt has been discharged is coerced labor. Taylor v. Georgia, 315 U.S. 25, 62 S. Ct. 415, 86 L. Ed. 615, 1942 U.S. LEXIS 991 (1942). Former Code 1933, § 26-2812 (see O.C.G.A. § 16-8-15) making criminal the receiving of money to improve real property with intent to defraud using the funds otherwise than for the payment of labor and material cost, if there are any outstanding, and providing that the failure to pay such labor and material cost is prima facie evidence of intent to defraud is not violative of U.S. Const., amend. 13, abolishing involuntary servitude. Johnson v. State, 203 Ga. 147, 45 S.E.2d 616, 1947 Ga. LEXIS 578 (1947). Hospital authority may restrict a staff member’s privileges by reasonable and nondiscriminatory rules and regulations. Yeargin v. Hamilton Mem. Hosp., 229 Ga. 870, 195 S.E.2d 8, 1972 Ga. LEXIS 809 (1972).
Issuance of injunction against discriminatory housing practices.: Because of the subtle, pervasive, and essentially irremediable nature of racial discrimination, proof of the existence of discriminatory housing practices is sufficient to permit a court to presume irreparable injury for purposes of issuing a preliminary injunction. Gresham v. Windrush Partners, Ltd., 730 F.2d 1417, 1984 U.S. App. LEXIS 23095 (11th Cir.), cert. denied, 469 U.S. 882, 105 S. Ct. 249, 83 L. Ed. 2d 187, 1984 U.S. LEXIS 3882 (1984). Involuntary servitude not criminal
defense.: Involuntary servitude is a constitutional violation, as well as a criminal offense, but it is not a criminal defense; therefore, the trial court did not err in failing to give the defendant’s requested charges on involuntary servitude in a prosecution for selling and trafficking in cocaine in which the defendant alleged to have been illegally procured as an agent to work for the state involuntarily in connection with drug transactions. Satterfield v. State, 248 Ga. App. 479, 546 S.E.2d 859, 2001 Ga. App. LEXIS 309 (2001). fere with right of school board mem-
Redistricting attempting to interber to hold office or vote.: While voting rights and the right to run for public office are core constitutional rights, an attempted deprivation of constitutional or statutory rights is not the same as an actual deprivation. Furthermore, incurring legal fees to vindicate rights does not itself establish that those rights were violated. Thus, plaintiff, a school board member, pursing attempted violations of plaintiff’s right to run and hold a designated seat in a predefined district, could not succeed as an injunction in another lawsuit and failure of preclearance interfered with the implementation of the efforts of defendants, the local voting registrars; since the attempt to deprive plaintiff of plaintiff’s constitutional rights did not succeed, neither can plaintiff’s lawsuit succeed. Cook v. Randolph County, 573 F.3d 1143, 2009 U.S. App. LEXIS 15201 (11th Cir. 2009). Grant of summary judgment to a county was upheld because the maintenance obligations imposed by the Declaration did not constitute involuntary servitude as both the homeowners’ association (HOA) and individual lot owners consented to various obligations and covenants set forth in the Declaration and the HOA had specific authority under certain circumstances to enter a lot owner’s property and perform maintenance. Polo Golf & Country Club Homeowners Ass’n v. Cunard, 310 Ga. 804, 854 S.E.2d 732, 2021 Ga. LEXIS 30 (2021).
Am. Jur. 2d.: 16A Am. Jur. 2d, Constitutional Law, § 219. 45 Am. Jur. 2d, Involuntary Servitude, Peonage, and Human Trafficking, § 9 et seq. 67B Am. Jur. 2d, Schools, § 276.
C.J.S.: 14 C.J.S., Civil Rights, § 106. 14A C.J.S., Civil Rights, § 442. 16A C.J.S., Constitutional Law, § 798. 18 C.J.S., Convicts, §§ 17, 20.
ALR.: Injunction against strike as violating constitutional provision against involuntary servitude, 46 A.L.R. 1541. Application of Section 1 of 13th Amendment to United States Constitution, U.S. Const. amend. 13, § 1, prohibiting slavery and involuntary servitude — labor required as punishment for crime, 87 A.L.R.6th 109. Application of Section 1 of 13th Amendment to United States Constitution, U.S. Const. amend. 13, § 1, prohibiting slavery and involuntary servitude — labor required by law or force not as punishment for crime, 88 A.L.R.6th 203.

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