Topic is the exploited loophole in the 13th amendment. Specifically the private prison industry. Needs to tie into the 4 main points listed below. I already have a draft done but its needs to be refined and a few more pages in length. The draft with tutor notes is in the attachments.
Title page (see Introduction to APA (Links to an external site.))
Introduction (half page) (see Introductions & Conclusions (Links to an external site.))
Describe the paper?s overall thesis.
Provide an overview of main points.
First Main Point (one to one and a half pages) describes the historical and Constitutional basis of American government?s structure and how this relates to the policy.
Describe the main point.
Support the main point with research.
Second Main Point (one to one and a half pages) explains how the policy is involved within the process of checks and balances.
Describe the main point.
Support the main point with research.
Third Main Point (one to one and a half pages) describes how the policy relates to public policy and elections and how the policy is portrayed by the media.
Describe the main point.
Support the main point with research.
Fourth Main Point (one to one and a half pages) explains how the policy impacts voting and the election process.
Describe the main point.
Support the main point with research.
Conclusion(see Introductions & Conclusions (Links to an external site.))
Review your main points.
Review your overall thesis.
References page (see Formatting Your References List (Links to an external site.))
13th AMENDMENT LOOPHOLE
The United States Constitution outlines the basic human rights of every American. With the Constitution being one of the founding documents of the country, it can be surprising to learn that certain amendments within this doctrine have been exploited for political and industrial gain. The 13th amendment states, “Either 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”. While the mention of slavery was not embedded in the structure of the Articles of Confederation, it did leave the powers to regulate matters such as slavery to the States themselves. Fast forward about a century, and the powers of the states are called into question under the Presidency of Abraham Lincoln. This presidency sparked the beginning of the end of slavery and would question the importance of the system’s checks and balances. A country divided on the matter of newly freed slaves, the United States experienced a serious shift in day-to-day operations, specifically in the Southern region. With a new group of individuals subjected to a permanent status of the second class, the leaders put in place needed to find a way to appease those “affected most” by the change. This appeasement came in the form of collaboration with a private club called A.L.E.C., where politicians and corporations were treated as equals. Within ALEC, a very active member was the C.C.A. Corporation. This corporation played a massive role in the stance politicians used to ensure African Americans were continually viewed as second class. This, in turn, enabled the era of mass incarceration. The ambiguity of the last half of the 13th Amendment has been exploited time and time again and served only to benefit the elite.
Historical and Constitutional Background
The American Civil War ended in 1865 and the Thirteenth Amendment to the Constitution was ratified, ending slavery in the United States for all time (Jones, 2016). “Neither slavery nor involuntary servitude, unless as a punishment for crime whereof the person may have been properly convicted, shall exist within the United States, or any place subject to their authority.” Also said that Congress would not be able to end the Atlantic slave trade for twenty years. Due to the fugitive slave clause, it was necessary to return escaped slaves to their owners. Internal rebellions, even those led by slaves, could be put down only by the federal authority, as stipulated by the Constitution. The Amendment also outlawed involuntary servitude and peonage, in addition to slavery. Involuntary servitude, or peonage, refers to a situation in which a person is compelled to labor in order to pay off debt. Due to the 13th Amendment, involuntary servitude does not apply to criminals and conscripted troops. Protests against the 13th Amendment may have been its greatest challenge. The Democrats and Southern states, unsurprisingly, were adamantly opposed. The Emancipation Proclamation’s promises required to be backed up by legislation or constitutional reform in order to achieve long-term change.
Checks and Balances
The majority of the contemporary debate about the Thirteenth Amendment focuses on the idea of applying the Amendment to establish rights similar to those under the Equal Protection and Due Process Clauses but without the limits of the state action doctrine. Proponents of revisionism say that the Amendment should be interpreted liberally, while opponents contend that the Amendment should be interpreted conservatively, using slavery as an analogy. Neither the revisionists nor the opponents have searched in the right location for the incorrect sort of effect that the Thirteenth Amendment has had and is most likely going to have in the future. There has been an overemphasis on Section 1, which is subject to court scrutiny, whereas Congress has been given enforcement power under Section 2. Rather than examining the Amendment in context with other parts of the Constitution, such as the Fourteenth Amendment and the Commerce Clause, scholars have chosen to focus on it in isolation. Slavery and practices that were thought to be analogous to slavery have long been a source of contention in American politics, but until recently scholars have focused on the direct impact legal doctrine has on court decisions rather than the indirect impact it has on political movements and debates. No one’s life, liberty, or property may be taken away from them without due process of law under the Fifth Amendment to the Bill of Rights. Though now, historians generally agree that Abraham Lincoln is the nation’s greatest president, the public in his time regarded him to be an oligarch who stomped on the Constitution (Rosenfeld, 2007). Claims by certain opponents that President Abraham Lincoln was a tyrant were supported by instances such as the president’s capacity to take private property or limit the press, as well as Lincoln’s suspension of habeas corpus.
Public Policy, Elections, and Media
By guaranteeing former slaves the ability to vote and citizenship,?the 13th Amendment only affects private persons’ actions. As a result, Congress now has the authority to pass legislation to combat contemporary forms of slavery, such as human trafficking (Holzer, 2012).
Those who have been convicted of a crime, on the other hand, may be forced to work under the terms of the Amendment. In the mid 1980?s a company out of Tennessee known as Corrections Corporation of America (CCA) was founded. This was a private prison industry and became the leader in private prisons. It is a multibillion dollar industry today that gets rich off punishment. Then you have the American Legislative Exchange Council, also known as ALEC. The CCA was apart of this council that helped pioneer some of the most heinous sentencing laws the United States has ever seen. This included mandatory minimums, the three strike law, and truth in sentencing, The CCA received nearly $1.76 billion in revenue in 2012 (Tartaglia, 2014). Corporate founders benefit from nearly every ALEC bill that has passed. Companies like Walmart was the largest seller of guns due to the ?stand your ground law? proposed by ALEC. Companies wanted in on this free labor that these private prisons were forcing on the inmates. It is the media’s job to disseminate any information that might lead to slavery and assure its existence out there (Tartaglia, 2014). It’s a conversation about how the American people will deal with the issues of dealing with slavery measures and defending the 13th Amendment.
Voting and the Election Process
Lincoln prevailed in the 1860 election despite a crowded field of competitors. Although the Civil War was raging, the 1864 elections went through as scheduled. Soldiers of the Union were given absentee votes or were granted leave in order to cast their ballots (Thompson, 2010). By relying on soldiers’ votes, Lincoln’s campaign slogan, “Don’t switch horses in mid-stream,” he won the election. Mass incarceration played a critical role in Lincoln’s presidential winning. There is no doubt that the democratic process in the United States had been substantially transformed by 2006, when 48 states had enacted legislation denying voting rights to inmates, and 47 million Americans had a criminal record by then. The less visible political repercussions of mass imprisonment must also be taken into account by historians (Stohler, 2019).
Conclusion
With the document in hand, one should be able to comprehend what the Thirteenth Amendment is and why it was enacted. It is necessary for students to be able to fully comprehend the basic themes of the study, which include the historical and constitutional foundations of American government, the voting system, laws governing public policy, and the electoral process itself. It is undeniable that the Thirteenth Amendment is intended to be beneficial and to aid in the improvement of the rights and living standards of Americans.
References
Holzer, H. (2012).?Lincoln: How Abraham Lincoln Ended Slavery in America. Newmarket Press for ItBooks.
Jones, D. E. (2016). The Unknown Legacy of the 13th Amendment. Retrieved from https://cupola.gettysburg.edu/cgi/viewcontent.cgi?article=1269&context=compiler
Rosenfeld, J. L. (2007). Lincoln, emancipation, and the Constitution.?Magazine of History,?21(1), 34-38. Retrieved from https://www.proquest.com/scholarly-journals/lincoln-emancipation constitution/docview/213728707/se-2?accountid=32521
Stohler, S. (2019). Slavery and just compensation in american constitutionalism.?Law & Social Inquiry,?44(1), 102-135. doi:http://dx.doi.org/10.1111/lsi.12351
Tartaglia, M. (2014). PRIVATE PRISONS, PRIVATE RECORDS. Boston University Law Review, 94(5), 1689-1744. Retrieved from https://www-proquest- com.prox library.ashford.edu/scholarly-journals/private-prisons- records/docview/1626355719/se-2?accountid=32521
Thompson, H. A. (2010). Why mass incarceration matters: Rethinking crisis, decline, and transformation in postwar american history.?The Journal of American History,?97(3), 703-734. Retrieved from https://www.proquest.com/scholarly-journals/why-mass-incarceration-matters- rethinking-crisis/docview/840989130/se-2?accountid=32521