Constitution
Amendment 13: Abolition of Slavery
Text from National Archives. Explanation last updated September 29, 2026. How we check this
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In plain English
The Thirteenth Amendment abolished slavery and involuntary servitude throughout the United States and its territories, with one exception: as a punishment for a crime of which the person has been duly convicted. Section 2 gives Congress the power to enforce the ban by appropriate legislation.
It was the first of the three Reconstruction Amendments. Congress passed it on January 31, 1865, and it was ratified on December 6, 1865.
The text
As printed by the source cited at the end of this page, with its original spelling, capitalization and punctuation.
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.
Explained section by section
Slavery and involuntary servitude abolished
The amendment covers “slavery” and “involuntary servitude” anywhere in the United States “or any place subject to their jurisdiction.” Unlike earlier wartime measures, it is a permanent constitutional ban that applies to private conduct as well as to governments.
Its reach in the text is the whole country, including Union states where slavery had remained lawful, such as Kentucky and Delaware.
The punishment exception
The ban does not apply “as a punishment for crime whereof the party shall have been duly convicted.” The exception has been controversial because after ratification some Southern states used criminal law, including vagrancy statutes and convict leasing, to force Black Americans into labor. Several states have removed comparable language from their own constitutions, and proposals to change the federal clause have been introduced in Congress.
Enforcement power
Section 2 gave Congress “power to enforce this article by appropriate legislation.” Congress used the power for early civil rights legislation, and later amendments repeated the enforcement language.
Context and current status
Before the amendment, the Emancipation Proclamation of January 1, 1863 had declared enslaved people free in areas in rebellion, but it did not end slavery everywhere and rested on wartime powers. The Thirteenth Amendment made abolition a permanent constitutional rule.
Current textual status: in force. The National Archives notes that the amendment superseded a portion of Article IV, Section 2, which had required the return of people who escaped slavery.
Terms to know
- Involuntary servitude
- Compelled labor for another that is not slavery in the strict sense, for example labor forced by threats.
- Reconstruction Amendments
- The Thirteenth, Fourteenth and Fifteenth Amendments, adopted between 1865 and 1870.
- Duly convicted
- Found guilty through a legally proper process.
Common misconceptions
“The Emancipation Proclamation ended slavery in the United States.”
It applied to areas in rebellion and depended on wartime authority. The Thirteenth Amendment, ratified December 6, 1865, ended slavery nationwide.
How it connects
Links to related provisions and documents, with the reason each one matters here.
- Amendment 14Citizenship, Due Process and Equal ProtectionThe Fourteenth Amendment continues Reconstruction by defining citizenship and guaranteeing equal protection.
- Amendment 15Voting Rights Regardless of RaceThe Fifteenth Amendment completes the Reconstruction trio by protecting voting rights regardless of race.
- Article IVArticle IV of the United States ConstitutionThe Thirteenth Amendment superseded the fugitive-labor clause in Article IV, Section 2.
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Sources and corrections
- Text: National Archives. Checked against the source on September 29, 2026.National Archives transcription of the engrossed Constitution, with original spelling and capitalization. The signature block and the Convention's interlineation note are not reproduced.
- Amendments 11-27: A Transcription — National Archives
- 13th Amendment to the U.S. Constitution: Abolition of Slavery — National Archives
Educational material, not legal advice. Spotted a mistake? Tell us; corrections change this page’s update date.