this post was submitted on 05 Dec 2023
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[–] Schadrach 1 points 1 year ago

You could make an argument that the prisoner clause is necessary though, as being a prisoner and being compelled to act by prison guards/staff is itself involuntary servitude, which were that clause in the 13th not there and it were successfully argued would make prisons themselves unconstitutional.

The phrase "involuntary servitude" is applied in a very limited sense though, for example being pressed into military service against your will is explicitly not "involuntary servitude", nor is being required to generate income for another person against your will on threat of being jailed if you refuse or fail to produce enough (this is literally what child support is, and is basically the only case in the US where you can be jailed for failing to pay a debt).