Involuntary servitude
Encyclopedia
Involuntary servitude is a United States
legal
and constitution
al term for a person laboring against that person's will to benefit another, under some form of coercion
other than the worker's financial needs. While laboring to benefit another occurs also in the condition of slavery
, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation
or its amount.
The Thirteenth Amendment
to the United States Constitution
makes involuntary servitude illegal under any U.S. jurisdiction whether at the hands of the U.S. government
or in the private sphere, except as punishment for a crime
: "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."
The Supreme Court has held, in Butler v. Perry, 240 U.S. 328 (1916), that the Thirteenth Amendment does not prohibit "enforcement of those duties which individuals owe to the state, such as services in the army, militia, on the jury, etc."
and other libertarian
s consider military conscription
to be involuntary servitude in the sense of the Thirteenth Amendment. Some libertarians consider compulsory schooling and income taxation forms of involuntary servitude. John Taylor Gatto
, a retired schoolteacher and libertarian activist critical of compulsory schooling writes of what he terms "The Cult Of Forced Schooling". Republican
Congressman Ron Paul
has described income tax as, "a form of involuntary servitude, and has written, "... things like Selective Service and the income tax make me wonder how serious we really are in defending just basic freedoms.
Some have also argued that, should Roe v. Wade
410 U.S. 113 (1973) be overturned by the United States Supreme Court, a constitutional right to abortion could still be sustained on the basis that denying it would subject women to involuntary servitude contrary to the Thirteenth Amendment. However, no U.S. court has yet accepted such an argument. Differing views have been expressed as to whether the argument is so unpersuasive as to be "frivolous". One major difficulty with the argument relates to the claim that pregnancy and child-bearing are within the scope of the term "servitude" and whether they can be considered "involuntary" if caused by consensual sexual intercourse.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
legal
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
al term for a person laboring against that person's will to benefit another, under some form of coercion
Coercion
Coercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...
other than the worker's financial needs. While laboring to benefit another occurs also in the condition of slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation
Remuneration
Remuneration is the total compensation that an employee receives in exchange for the service they perform for their employer. Typically, this consists of monetary rewards, also referred to as wage or salary...
or its amount.
The Thirteenth Amendment
Thirteenth Amendment to the United States Constitution
The Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...
to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
makes involuntary servitude illegal under any U.S. jurisdiction whether at the hands of the U.S. government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
or in the private sphere, except as punishment for a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
: "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."
The Supreme Court has held, in Butler v. Perry, 240 U.S. 328 (1916), that the Thirteenth Amendment does not prohibit "enforcement of those duties which individuals owe to the state, such as services in the army, militia, on the jury, etc."
Other interpretations of involuntary servitude
The Libertarian Party of the United StatesLibertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...
and other libertarian
Libertarianism
Libertarianism, in the strictest sense, is the political philosophy that holds individual liberty as the basic moral principle of society. In the broadest sense, it is any political philosophy which approximates this view...
s consider military conscription
Conscription
Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names...
to be involuntary servitude in the sense of the Thirteenth Amendment. Some libertarians consider compulsory schooling and income taxation forms of involuntary servitude. John Taylor Gatto
John Taylor Gatto
John Taylor Gatto is a retired American school teacher with nearly 30 years experience in the classroom, and author of several books on education...
, a retired schoolteacher and libertarian activist critical of compulsory schooling writes of what he terms "The Cult Of Forced Schooling". Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
Congressman Ron Paul
Ron Paul
Ronald Ernest "Ron" Paul is an American physician, author and United States Congressman who is seeking to be the Republican Party candidate in the 2012 presidential election. Paul represents Texas's 14th congressional district, which covers an area south and southwest of Houston that includes...
has described income tax as, "a form of involuntary servitude, and has written, "... things like Selective Service and the income tax make me wonder how serious we really are in defending just basic freedoms.
Some have also argued that, should Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
410 U.S. 113 (1973) be overturned by the United States Supreme Court, a constitutional right to abortion could still be sustained on the basis that denying it would subject women to involuntary servitude contrary to the Thirteenth Amendment. However, no U.S. court has yet accepted such an argument. Differing views have been expressed as to whether the argument is so unpersuasive as to be "frivolous". One major difficulty with the argument relates to the claim that pregnancy and child-bearing are within the scope of the term "servitude" and whether they can be considered "involuntary" if caused by consensual sexual intercourse.
See also
- Debt bondageDebt bondageDebt bondage is when a person pledges him or herself against a loan. In debt bondage, the services required to repay the debt may be undefined, and the services' duration may be undefined...
- PeonagePeonThe words peon and peonage are derived from the Spanish peón . It has a range of meanings but its primary usage is to describe laborers with little control over their employment conditions.-English usage:...
- PersonPersonA person is a human being, or an entity that has certain capacities or attributes strongly associated with being human , for example in a particular moral or legal context...
- SlaverySlaverySlavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
- Thirteenth Amendment to the United States ConstitutionThirteenth Amendment to the United States ConstitutionThe Thirteenth Amendment to the United States Constitution officially abolished and continues to prohibit slavery and involuntary servitude, except as punishment for a crime. It was passed by the Senate on April 8, 1864, passed by the House on January 31, 1865, and adopted on December 6, 1865. On...
External links
- The Slave Next Door: Human Trafficking and Slavery in America Today - video report by Democracy Now!Democracy Now!Democracy Now! and its staff have received several journalism awards, including the Gracie Award from American Women in Radio & Television; the George Polk Award for its 1998 radio documentary Drilling and Killing: Chevron and Nigeria's Oil Dictatorship, on the Chevron Corporation and the deaths of...