Graduation Year

2024

Date of Submission

5-2024

Document Type

Campus Only Senior Thesis

Degree Name

Bachelor of Arts

Department

Government

Reader 1

John J. Pitney Jr.

Rights Information

© 2024 Laura Rich

Abstract

This thesis explores whether ratifying the Constitution to remove the Punishment Clause from the Thirteenth Amendment, through H.J.Res. 72 and S.J.Res. 33, is an effective means to end slavery and the involuntary servitude of the U.S. penal system. A historical analysis reveals that prison labor has clear roots in chattel slavery, convict leasing, and chain gangs. However, arguments that modern prison labor is a direct continuation of slavery, often referred to as the "New Jim Crow" narrative, are reductionist and counterproductive for achieving meaningful reform. An objective examination of prison labor practices demonstrates that the compulsive nature of the work, unsafe conditions, extremely low wages, and lack of access to relevant job skills makes the system exploitative and in need of change, regardless of its historical origins. Pursuing a constitutional amendment is unlikely to be an expedient path to improve conditions for incarcerated workers, as it would face significant political hurdles. Instead, a more pragmatic approach focused on statutory reforms at the federal and state levels, designed to attract bipartisan support, offers a better opportunity to raise wages, expand labor protections, and increase access to rehabilitative and economically viable work opportunities for incarcerated individuals. Enacting such changes would benefit not only the workers themselves but also society at large by lowering recidivism and facilitating more successful reentry.

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This thesis is restricted to the Claremont Colleges current faculty, students, and staff.

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