If we’re going to talk about how to end mass incarceration and remove the legal basis for penal labor, as Ava DuVernay’s Academy Award-nominated documentary 13th has done, we have to broaden our scope beyond the 13th Amendment to the U.S. Constitution. The movement in Colorado to repeal their state constitution’s exception for penal slavery is a good start (although it fell short by a hair due to the terrible legalese of the 2016 ballot question), but here are several other states which need to make similar changes:
States
- Alabama Article I, Section 32: That no form of slavery shall exist in this state; and there shall not be any involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted.
- Arkansas’ 1874 Constitution Article 2, Section 27: There shall be no slavery in this State, nor involuntary servitude, except as a punishment for crime. No standing army shall be kept in time of peace; the military shall, at all times, be in strict subordination to the civil power; and no soldier shall be quartered in any house, or on any premises, without the consent of the owner, in time of peace; nor in time of war, except in a manner prescribed by law.
- California’s 1879 Constitution Article I, Section 6: Slavery is prohibited. Involuntary servitude is prohibited except to punish crime.
- Colorado’s 1876 Constitution, Article II, Section 26: There shall never be in this state either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted.
- Georgia’s 1983 Constitution, Article I, Paragraph XXII: There shall be no involuntary servitude within the State of Georgia except as a punishment for crime after legal conviction thereof or for contempt of court.
- Indiana 1851 Constitution Article I, Section 37: There shall be neither slavery, nor involuntary servitude, within the State, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted.
- Iowa Article I, Section 23: There shall be no slavery in this state; nor shall there be involuntary servitude, unless for the punishment of crime.
- Kansas 1859 Constitution, Bill of Rights, Section 6: There shall be no slavery in this state; and no involuntary servitude, except for the punishment of crime, whereof the party shall have been duly convicted.
- Kentucky’s 1891 Constitution, Section 25: Slavery and involuntary servitude in this State are forbidden, except as a punishment for crime, whereof the party shall have been duly convicted.
- Louisiana 1974 Article I, Section 3: No person shall be denied the equal protection of the laws. No law shall discriminate against a person because of race or religious ideas, beliefs, or affiliations. No law shall arbitrarily, capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical condition, or political ideas or affiliations. Slavery and involuntary servitude are prohibited, except in the latter case as punishment for crime.
- Michigan Article 1, Section 9: Neither slavery, nor involuntary servitudeunless for the punishment of crime, shall ever be tolerated in this state.
- Minnesota Article I, Section 2: No member of this state shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers. There shall be neither slavery nor involuntary servitude in the state otherwise than as punishment for a crime of which the party has been convicted.
- Mississippi 1890 Article 3, Section 15: There shall be neither slavery nor involuntary servitude in this state, otherwise than in the punishment of crime, whereof the party shall have been duly convicted.
- Nebraska 1875 Article I, Section 2: There shall be neither slavery nor involuntary servitude in this state, otherwise than for punishment of crime, whereof the party shall have been duly convicted.
- Nevada’s 1864 Constitution, Article I, Section 17: Neither Slavery nor involuntary servitude unless for the punishment of crimes shall ever be tolerated in this State.
- North Carolina’s 1971 Constitution Article I Section 17: Slavery is forever prohibited. Involuntary servitude, except as a punishment for crime whereof the parties have been adjudged guilty, is forever prohibited.
- North Dakota Article I Section 6: Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this state.
- Ohio’s 1912 Constitution Article I, Section 6: There shall be no slavery in this State; nor involuntary servitude, unless for the punishment of crime.
- Oregon’s 1859 Constitution Article I, Section 34: There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted.— [Added to Bill of Rights as unnumbered section by vote of the people at time of adoption of the Oregon Constitution in accordance with section 4 of Article XVIII thereof]
- Tennessee Constitution Article I, Section 33: That slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are forever prohibited in this state.
- Utah Article I, Section 21: Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this State.
- Vermont’s 1777 Article I: That all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; therefore no person born in this country, or brought from over sea, ought to be holden by law, to serve any person as a servant, slave or apprentice, after arriving to the age of twenty-one years, unless bound by the person’s own consent, after arriving to such age, or bound by law for the payment of debts, damages, fines, costs, or the like.
- Wisconsin Article I, Section 2: There shall be neither slavery, nor involuntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.
U.S. insular areas
- American Samoa Article I, Section 10: Slavery prohibited. Neither slavery, nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in American Samoa.
- Puerto Rico Article I, Section 33: Slavery not exist, nor any form of involuntary servitude except which may be imposed for a crime, after conviction. Not impose cruel and unusual punishment. Suspension of civil rights including the right to vote shall cease upon the imprisonment imposed.
Others
The state constitutions of Alaska, Florida, Massachusetts, Hawaii, Texas, South Carolina, Virginia, West Virginia, Connecticut, Washington, Illinois, New York, Pennsylvania, Missouri, Maryland, New Jersey, South Dakota, New Mexico, Montana, Idaho, Arizona, Wyoming, Oklahoma, Delaware, Maine and New Hampshire do not mention slavery at all.

Notably, Rhode Island’s 1845 state constitution does not have a penal exception clause, saying specifically in Article I, Section 4: “Slavery shall not be permitted in this state.”
If only more of our country’s state constitutions were like Rhode Island’s, in which they could all simply say “Neither slavery nor indentured servitude shall be permitted in this state.” Period.