Juneteenth and Modern-Day Slavery

By Isabella Cain

Does slavery persist in modern-day society? In short, yes. American society would love to say that institutionalized slavery was outlawed in 1865 when Congress passed the 13th Amendment. However, there is one clause or loophole that is seldom discussed. Slavery or involuntary servitude is permissible “as a punishment for crime whereof the party shall have been duly convicted” (Clyatt v. United States, 197 U.S. 207, 215 (1905)). Therefore, the American government was allowed to continue slavery by another name; the prison labor system. 

The clause had a crucial role in the rise of chain gangs, particularly in the American South, in the late 1800s and early 1900s. After the Civil War, Emancipation Proclamation and the 13th Amendment, Southern states faced economic hardships and labor shortages. This resulted in several legal loopholes being manipulated to maintain control over the African American population and rebuild the Southern economy. Black Codes and Jim Crow laws criminalized a diverse range of offenses that disproportionately targeted and affected African Americans. The surge in prisoners provided states and the federal government with a cheap labor source that could easily be extorted, which led to the establishment of chain gangs where prisoners were forced to work on public works.

The economic incentives, as well as reinforcement of racial hierarchy of this system cannot be ignored. Chain gangs may have been the beginning, however, forced labor continues in the modern penal labor system. This systemic structure is a tool to reassert white supremacy by disproportionately criminalizing African Americans and thus ensuring a steady supply of incarcerated labor. The exploitative system continues to effectively practice forced labor under a different mask, therefore undermining the 13th Amendment and contributing to ongoing disparities in society.

Understanding this context is crucial when considering the significance of Juneteenth. This holiday extends beyond the celebration of freedom from physical chains; it is a reminder of the resilience and perseverance of African Americans in the face of systemic oppression. While Juneteenth commemorates the end of slavery, it also prompts us to reflect on the enduring impact of the 13th Amendment’s exception clause and how it has enabled a modern form of slavery within the prison system. It serves as a moment of reflection on the progress made and the work still required to achieve true equality. Juneteenth is a powerful testament to the enduring spirit of a people who have fought tirelessly for their rightful place in a society that sought to dehumanize them.

As we celebrate this historic milestone, it is crucial to acknowledge that forms of involuntary servitude persist in modern America, particularly within the prison system. Prison labor is a multibillion-dollar industry in the United States, with inmates performing a wide range of tasks from manufacturing goods to providing services for both public and private sectors. These incarcerated individuals often work under harsh conditions for barely any pay, devoid of the protections and rights afforded to free laborers. Academics argue that this system disproportionately affects African Americans and other minorities, perpetuating racial inequalities rooted in the legacy of slavery and creating a new form of modern-day slavery.

The exploitation of prison labor raises numerous ethical and legal concerns. Incarcerated individuals are typically paid low wages, sometimes as low as a few cents per hour, which barely allows them to support their basic needs, let alone save for life after incarceration. This lack of fair compensation and the often-coercive nature of prison labor assignments strip incarcerated individuals of their dignity and human rights. Moreover, individuals lack the autonomy to refuse assignments without facing repercussions, further emphasizing the exploitative nature of this system.

The reliance on prison labor underscores a broader issue within the criminal justice system—the mass incarceration of minorities. Black Americans are incarcerated at more than five times the rate of white Americans, a disparity that can be traced back to policies and practices rooted in racial discrimination. The prison-industrial complex benefits from this over-incarceration, creating a cycle where marginalized communities are disproportionately affected by both incarceration and the subsequent exploitation of prison labor.

Addressing the issue of involuntary servitude within the prison system requires comprehensive criminal justice reform. This includes revisiting the 13th Amendment’s exception clause, implementing fair labor standards for incarcerated individuals, and tackling the root causes of mass incarceration. Advocacy for these changes is essential to ensuring that the fight for freedom and equality, symbolized by Juneteenth, extends to all individuals, including those behind bars. Public awareness and education about these issues are also crucial. Many Americans are unaware of the extent to which prison labor is utilized and the conditions under which it operates. By shedding light on these practices, it can be possible to urge corporations and institutions to divest from prison labor.

Furthermore, supporting organizations and initiatives that work towards criminal justice reform and prisoners’ rights can make a tangible difference. Engaging in dialogue with policymakers, participating in advocacy efforts, and contributing to community programs that offer support and rehabilitation for formerly incarcerated individuals are ways to address the systemic issues at play. Nonprofit organizations, such as the United Black Family Scholarship Foundation (UBFSF) are one part of the movement to expose the injustices happening within America’s prisons. 

Juneteenth is a day to honor the past, celebrate progress, and commit to ongoing efforts for justice. As we commemorate this important holiday, it is important to also recognize and address the modern manifestations of slavery that persist within American society. The promise of freedom and equality must be realized for everyone, and that includes the millions of incarcerated individuals who continue to labor under conditions that mirror the very injustices Juneteenth seeks to overcome. By working together to dismantle these systems of exploitation, we can move closer to a society where freedom and justice are truly universal.