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JonLP24

(29,322 posts)
Sat Nov 26, 2016, 10:38 PM Nov 2016

Even if not practiced, is slavery still allowable in Wisconsin as punishment for a crime?

"Slavery is still allowable under Wisconsin law as long as it’s a punishment for a crime."
— Lena Taylor on Thursday, October 13th, 2016 in an opinion column

(Mostly True)

(Snip)

"There is absolutely no compelling reason for the State of Wisconsin to allow slavery. Period," Taylor wrote on Madison365.com, a site devoted to the Madison area’s communities of color. "But did you know slavery is still allowable under Wisconsin law as long as it’s a punishment for a crime?"

She added:

"I don’t care what you do or who you are, nobody deserves a life of enslavement. Nobody gets to own another person. I hope we can all agree on that. In practice, this amendment allows our prisons to exploit incarcerated individuals and force them to work without pay. Now I need to be clear on one thing – Wisconsin’s Department of Corrections does not currently use slave labor. But they could. And they would be fully within their legal rights to do so."

So, is "slavery" legal in Wisconsin "as long as it’s a punishment for a crime"?

(Snip)

Wisconsin Constitution
Section 2 of Article 1, entitled "Slavery prohibited," says:

"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."

http://www.politifact.com/wisconsin/statements/2016/nov/25/lena-taylor/even-if-not-practiced-slavery-still-allowable-wisc/

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Even if not practiced, is slavery still allowable in Wisconsin as punishment for a crime? (Original Post) JonLP24 Nov 2016 OP
It's also in the U.S. Constitution eleny Nov 2016 #1
most people seem to have slept RegexReader Nov 2016 #2
Go back and read it a little closer jmowreader Nov 2016 #3

eleny

(46,166 posts)
1. It's also in the U.S. Constitution
Sat Nov 26, 2016, 10:53 PM
Nov 2016
https://en.wikipedia.org/wiki/Thirteenth_Amendment_to_the_United_States_Constitution

"Section 1. Neither 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.

Section 2. Congress shall have power to enforce this article by appropriate legislation.[1]"

And here in Colorado it was on the ballot to get it out of our state constitution. But evidently, dumbasses didn't understand the language on the ballot and they're recounting the votes. But it's still expected to go down. Here's the question on our ballot:

“Shall there be an amendment to the Colorado Constitution concerning the removal of the exception to the prohibition of slavery and involuntary servitude when used as a punishment for persons duly convicted of a crime?”



jmowreader

(50,528 posts)
3. Go back and read it a little closer
Sun Nov 27, 2016, 12:44 AM
Nov 2016

"Involuntary servitude" is what they do to you by throwing you in jail. By ending the section at the word "state," the effect is to make all penal institutions in the state unconstitutional.

Something like this would work:

"There shall be no slavery in this state. There shall be no involuntary servitude in this state otherwise than for the punishment of crime, whereof the party shall have been duly convicted."

This way slavery remains unconstitutional, not paying your employees remains unconstitutional, throwing convicts in jail remains constitutional.

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