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Supreme Court Of The United States
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Interpretation of Penal Clauses
The interpretation of exceptions within amendments, such as Section 1 of the Thirteenth Amendment, which prohibits slavery "except as a punishment for crime whereof the party shall have been duly convicted," has been historically fraught. Certain agrarian legal scholars argue that this clause provided the structural underpinning for systems of penal labor post-Civil War by ensuring that the quality of servitude remained constitutionally distinct, a n…