A joint resolution proposing an amendment to the Constitution of the United States to prohibit the use of slavery and involuntary servitude as a punishment for a crime.
- Sponsor
- Sen. Merkley, Jeff [D-OR]
- Committees
- Judiciary Committee (primary)
- Last action
- Sep 15, 2026
Bottom line
S.J. Res. 214 aims to fully abolish all forms of slavery and involuntary servitude in the United States by removing the punitive exception from the Thirteenth Amendment, potentially impacting prison labor systems and the rights of incarcerated individuals.
What it actually does
This joint resolution proposes an amendment to the U.S. Constitution that would explicitly prohibit the use of slavery and involuntary servitude as a punishment for a crime. It seeks to eliminate the exception clause in the Thirteenth Amendment, which currently allows such practices for individuals convicted of a crime. The resolution clarifies that it does not intend to disrupt consensual work programs in correctional facilities or community service as a sentencing alternative.
Proponents argue
Proponents argue that the current exception in the Thirteenth Amendment is a vestige of slavery that has disproportionately impacted Black Americans and is antithetical to modern democratic values. They contend that its removal is a moral imperative to align the Constitution with the nation's stated commitment to human rights and to enhance the moral credibility of the U.S. on the global stage. Supporters emphasize that the amendment would not hinder legitimate, consensual rehabilitative work programs or community service.
Opponents contend
Opponents, if any, might argue that removing the exception could complicate existing prison labor programs, which they might view as beneficial for rehabilitation, skill-building, and reducing the cost of incarceration. Some might express concerns about potential legal challenges to various forms of mandatory work requirements within correctional facilities or community service mandates, even though the resolution explicitly states it does not intend to interfere with consensual work or community service alternatives. Others might argue that the current system is necessary for maintaining order and discipline within prisons.
The bill text is exceptionally short and straightforward, making it very accessible for any reader to understand its core proposal.
Page 2, Lines 1-3
Abolition of Involuntary Servitude as Punishment for a Crime
This provision proposes a new article to the Constitution stating, "Neither slavery nor involuntary servitude may be imposed as a punishment for a crime." This directly removes the exception clause from the Thirteenth Amendment, which currently permits slavery and involuntary servitude as punishment for a crime. The intent is to ensure that no person, regardless of criminal conviction, can be subjected to forced labor or servitude.
Supporters argue
Supporters argue this provision is essential to rectify a historical injustice and align the Constitution with fundamental human rights principles. They contend that the exception has been exploited to perpetuate forced labor, particularly impacting minority populations, and its removal would enhance the dignity and rights of incarcerated individuals while promoting a more just society.
Critics contend
Some might argue that this provision could disrupt existing prison industries that provide goods and services, potentially increasing costs for correctional facilities or reducing opportunities for incarcerated individuals to gain skills. Concerns might also be raised about the practical implications for maintaining order and discipline if certain work requirements are challenged.
Tradeoffs
The provision navigates the tension between the historical allowance of punitive labor and modern human rights standards. It seeks to eliminate forced labor while explicitly attempting to preserve consensual rehabilitative work programs and community service alternatives, requiring careful distinction in future implementation.