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Key learning

The thirteenth Amendment of the constitution led to formally abolishing slavery in the United States. The ratification of this Amendment took place in 1865. The president Lincoln was able to approve Joint Resolution submitted by Congress on the proposed Amendment. The thirteenth Amendment of the American constitution stated that “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." President Lincoln had issued emancipation proclamation in 1963 requiring freedom for all people who had been held custody and abolishing all slavery action (Crofts 2016, 56). However, emancipation proclamation did not end slavery. Lincoln realised that this could only be followed by constitutional amendment in order to end slavery. The thirteenth Amendment took place after Civil War and President Lincoln was actively involved and ensured all amendments pass through the right Congress. Lincoln insisted that the thirteenth Amendment should be included in platform of Republican Party. It was to be incorporated in the next presidential elections and his efforts were successful after it was passed in 1965. Adoption of thirteenth Amendment of the constitution led to abolishment of slavery in United States. The second section of thirteenth Amendment gives Congress power to pass laws and regulation that governs the amendment. There should be no violation of the amendment. Example it is a crime for one to retain another person’s official document with aim of holding him or her as a slave. The amendment was crucial in abolishment of all kind of slavery and any inhuman activities which was taking place in US (Richards 2015, 258). The amendment also helped in abolishing forced labour in cotton plantation where slaves were forced to work without addressing their basic needs.

Application

The thirteenth amendment was used positively as well as negatively in the American court. The amendment was used positively by State Court in nullifying all other laws which were related to slavery. Any other law which could encourage slavery was banned. Slavery was mostly done to African American or Native American. There was inhuman treatment and some laws allowed masters to own slaves. The masters were in charge of the slaves and could even retain their official documents as an act of enslaving people (Crofts 2016, 156). The thirteenth amendment gives freedom and liberty for all people and ensures human rights are not violated. This is applied in Federal Court in ensuring that anyone who violate human rights, an action based on the law is taken. Federal courts used thirteenth amendment to prohibit peonage. No person should be forced to work in order to pay debts. There should be an agreement between the two people in order for one to volunteer to work rather than being forced. The Supreme Court has also given Congress power to eliminate any actions which are related to slavery or interferes with free will of a person. However, the Amendment has been used by Supreme Court to have racial discrimination in both private and public sectors. The court had discrimination in private schools where which did not admit African American or Native American (Richards 2015, 298). Only white Americans students were admitted in private where education seemed to be better. There was also racial discrimination in developing houses and transportation sectors. White Americans were allowed to own plots and build their own houses. Congress tried to outlaw these actions and prevent all forms of criminal activities.

Further investigation

Thirteenth amendment of the constitution is very significance in achieving freedom and liberty for all people. However, the amendment should have historic recognition to show that slavery will not happen again (Tsesis 2004, 334). Holding of celebration to recognise the people who helped in the abolishment of slavery action and ensured masters of the slaves face the constitutional laws. Congress being given more power to establish civil rights with equal treatment for all people. There is need for more research on how thirteen Amendment contribute toward liberty and freedom for less fortune people in the society. The thirteenth amendment of the constitution helped African American who were forced to work in their masters’ plantation (Samito 2015, 132). There was also discrimination based on the race and this was ended by this amendment. The amendment led into freedom and liberty for many people who were oppressed. The masters who were enslaving other people and forcing them to work in the plantation could have been negatively affected by the amendment because there was loss of workforce. However, human rights and equal treatment for all human beings was achieved.

Analysis of thirteenth Amendment

The thirteenth Amendment of the constitution advocated for abolition of slavery so that all people could have equal human rights. Violation of human rights and slavery go in hand. The Congress was focusing on justice and equal rights for all people regardless of their colour. Equal rights and justice ensures that there is less discrimination. The Supreme Court allowed segregation for children such that private schools had discrimination based on their race. African American children could not be admitted in white American schools because the Supreme Court allowed the discrimination because of skin colour (Richards 2015, 228). Segregation of schools showed that one group was superior and the other one was inferior. African American children could be affected in their performance because they usually view themselves as inferior human beings. This also affected policies and laws which were being enacted regarding to education. This is because decision had to be made favouring children for White American. There was argument on the thirteenth amendment integrating schools for all children despite of their race or other differences in life. However, legislators thought it was wise to integrate schools despite of protest from white people because it was a way of achieving equal rights for all people (Tsesis 2004, 334). In cases pertaining civil rights and other human rights, Supreme Court usually held a discrimination based on race and white American won the cases against any other race. Thirteen amendment tried to eliminate these differences or any other issue related to violation of human rights.

Similarly, thirteen amendment addressed the issue of peonage. Peonage involves employers forcing their workers to pay debt by working. This is a form of slavery which was highlighted in thirteenth amendment. No single individual who can be threaten to work in order to pay debt. Any debt between two people should be settled under agreements (Samito 2015, 89). This had impact on both the white and African American because white American used to take advantage of Black American who were unable to pay their debt. African American could enjoy freedom of settling their debts in the peaceful work. African American had to work in large plantations and industry in order to compensate their debts. In some situation, their masters could take their documents and retain them until they finish the slavery debt. The thirteenth amendment also prohibited slave trade where Africans were transported to United States to work in the plantation. The slaves were paid little wages or others were not paid at all. They were exposed to very harsh condition, experienced racial discrimination and segregation (Tsesis 2004, 334). Slavery violated religious principles which required equal treatment for all people. There was also amendment on taxation and mandatory service provided to the community. The amendment needed freedom for all people and banning of transporting Africans to work in agricultural plantations. Political and social economic forums should focus on abolition of slavery and empowering women. Women’s rights may be violated but fail to report the cases due to societal perception of women. This end up affecting their normal progress.

In conclusion, thirteenth amendment has helped in advocating for equal human rights, liberties and freedom. United Stated used to transport Africans to go and work in their agricultural plantations such as cotton. This amendment has been applied in Supreme Court and other federal court in deciding matters concerning civil or human right. According to thirteenth amendment, all people are equal and no discrimination should be practised based on either race or gender. Abolition of all forms of slavery minimised cases of slavery debts. White American used to take advantage of poor Africans and force them to work in their plantation because they could not settle debts. Emancipation proclamation did not completely end slavery but it was abolished after ratification.

References

Crofts, Daniel W. Lincoln and the politics of slavery: the other Thirteenth Amendment and the struggle to save the union. 2016.

Richards, Leonard L. Who Freed the Slaves? The Fight over the Thirteenth Amendment. 2015.

Samito, Christian G. Lincoln and the Thirteenth Amendment. 2015

Tsesis, Alexander. The Thirteenth Amendment and American Freedom: A Legal History. New York: New York University Press, 2004.