The COOKOUT Guide To
#ENDTHEEXCEPTIOn

INTRODUCTION

Slavery is an evil that has loomed over our nation since its founding. Its racist legacy — carried through Black Codes, Jim Crow laws, mass incarceration, and police brutality — continues to threaten the lives of Black people, and other people of color.

Passed in 1865, the Thirteenth Amendment to the U.S. Constitution is celebrated for abolishing slavery and involuntary servitude. However, many don’t know that the Thirteenth Amendment includes an exception clause that allows for slavery and involuntary servitude as punishment for crime. During Reconstruction, the exception clause perpetuated the criminalization, incarceration, and re-enslavement of Black people.

Still today, more than 150 years later, people who are incarcerated and detained across our country are disproportionately Black and brown and forced to work for little to no pay under the threat of additional punitive measures, such as the loss of family visits and solitary confinement.

It’s time to unequivocally make the evils of slavery and involuntary servitude history, once and for all. We must pass the Abolition Amendment to end the exception! To do so, we must educate ourselves and our neighbors. Small gatherings are a great place to start spreading the word.

Thank you for joining the movement to help #EndTheException!

CONVERSATION SCRIPT

You want to engage your guests, so after a short greeting, we encourage you to ask some questions. Allow folks to answer each one, but before moving on make sure to read them the correct answer so that everyone walks away with the right information. Feel free to let the conversation evolve organically, but make sure to bring it back if it starts to go, of course, or drags on. And of course, this script is just a guide, make it your own!

For those who want to learn more, follow @EndTheException on Twitter and Instagram or visit www.endtheexception.com. Thank you all again, and please enjoy the food and drinks!

FAQ

Who is leading the effort to #EndTheException?

#EndTheException is a federal campaign supported by a coalition of 80 national organizations and part of the Abolish Slavery National Network. There are also independent state campaigns led at the local level across the country. You can learn more about the federal #EndTheException at www.endtheexception.com and more about the state campaigns at abolishslavery.us.

What does the Abolition Amendment say?

S.J. Res. 21 and H.J. Res. 53 comprise a joint resolution proposing an amendment to the U.S. Constitution to prohibit the use of slavery and involuntary servitude as a punishment for a crime. The joint resolution reads: “Neither slavery nor involuntary servitude may be imposed as a punishment for a crime.”

Why was the exception in the Thirteenth Amendment included in the first place?

When the Thirteenth Amendment was drafted, the exception clause reflected the efforts of Senators from slave states to reach a compromise that would allow for the continuation of slavery, albeit in modified form. Abolitionist Senator Charles Sumner of Massachusetts argued that the inclusion of the exception clause allowed “that men may be enslaved” as criminal punishment and that it “do[es] no good there, but... absolutely introduce[s] a doubt.” He proposed alternatives that were shot down, and he did not force the issue.

It’s been more than 150 years, why now?

It's way overdue and there is broad bipartisan support across the country. In the last four years, three states have amended their state constitutions to end the exception and abolish slavery. Colorado led in 2018 followed by Utah and Nebraska in 2020 — and all three had unanimous, bipartisan legislative support. Since then, the Alabama, Louisiana, Oregon, Tennessee, and Vermont have passed state amendments that will be on the 2022 ballot. And there are many other states organizing to amend their state constitutions similarly, several of which are expected to be on upcoming ballots.

What type of work do incarcerated people do?

Incarcerated people work inside prisons and jails for the government and private corporations. Incarcerated people help operate the facilities in which they live through their labor. They work in building maintenance, food service, suicide watch, janitorial service, program instruction, and much more. In many facilities, incarcerated people also work in industry jobs that vary widely, but can include manufacturing license plates, staffing call centers, cell welding, sewing uniforms, asbestos abatement, fighting wildfires, building furniture, digging graves, picking cotton, and more.

How much are incarcerated people paid for their work?

Wages in prisons and jails across the country vary and depend largely on the state in which people are working and the type of work they are doing. Facility jobs, which account for the overwhelming majority of jobs in prison, pay the least with a national average of just $0.14 per hour. Industry jobs pay anywhere from nothing to a few dollars an hour, after garnishments. Several states, including Arkansas, Georgia, and Texas, pay incarcerated people nothing at all for their work. It is estimated that $14 billion is stolen in wages from incarcerated people. You can learn more about state prison wages at prisonpolicy.org.

What consequences do incarcerated people face for not working?

Incarcerated people are punished for refusing to work. While punishments can vary agency to agency and even facility to facility, they can include the denial of calls and visits with family, solitary confinement, and even the denial of parole. These punishments also have their roots in antebellum slavery.

What impact will the Abolition Amendment have?

Slavery and involuntary servitude have no place in our country, not on paper and not in practice. We must pass the Abolition Amendment to cleanse our Constitution and establish the right against slavery and involuntary servitude for all. But unfortunately, having a constitutional right does not mean that you have it in practice. In other words, passing the Abolition Amendment is necessary but not sufficient to end slavery and involuntary servitude in our nation's prisons and jails. Like most other constitutional rights, we will likely have to demand the end of slavery and slavery-like conditions in our prisons and jails through the courts. Prisons and jails have never existed without slavery, so it will be on us to be the architects of this new and more just world.

Where do I learn more about the Thirteenth Amendment and prison slavery?

You can learn more about the Thirteenth Amendment and prison slavery by visiting www.endtheexception.com and abolishslavery.us, where you will find important statistics, educational videos, and first-person narratives. Here are a few other resources:

• Thirteenth by Ava Duvernay traces mass incarceration and the over policing of Black and brown communities back to slavery.

• The War Over the 13th Amendment and Modern Day Slavery by the Constitutional Accountability Center provides a constitutional law analysis.

• The Prison Industry: How it started. How it works. How it harms. by Worth Rises covers the particulars of prison labor today in Chapter 4.

How else can I get involved?

The best way to make an immediate impact is to text ‘EndTheException’ — one word, no spaces — to 52886. Click on the link and fill out the short form to tell your Congressmembers to support the Abolition Amendment and end slavery and involuntary servitude, once and for all. When you submit the form, you can also elect to receive email and text updates on the campaign. You can also follow the abolition movement on Twitter and Instagram at @EndTheException. Want to get more involved? Send a direct message on social media.