California and Nevada voters will decide in November if they want to ban forced prison labor by removing language from their state constitutions rooted in the legacy of chattel slavery.
"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. "
Unfortunately I think you're right, the way the thirteenth amendment is written might make laws like this unconstitutional. What we really need is another amendment banning it entirely.
Why would it be unconstitutional? The amendment doesn't require forced labor, it just allows it. States deciding to nix it as a "punishment" are fully in their rights.
I see zero reason why this would make state laws about it unconstitutional. The constitution does not say it is mandatory for prison slave labor to exist, just that it could
The US constitution not prohibiting something doesn't mean a law or a state constitution can't
Honestly, we'd do better with an Article 5 constitution convention.
The constitution was never meant to be something that was interpreted from the lens of when it was written. The Framers specifically made a way for states to rewrite the Constitution to adopt with the changing times.
Edit: clarified my comment as it was a bit ambiguous
It's still legal to have punitive slavery. There is a carve out in the amendment. It is repugnant. We need a 28th amendment declaring an end to all slavery.