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When they put that huge carve out in the amendment to end slavery that allowed prisoners to be kept in slavery, is it any surprise that former slaves became the largest percentage of the prison population?
wouldn’t suprise me if that was the intention to begin with.
There’s a case to be made that they didn’t want to limit punishment or give prisoners ability to appeal basically everything (things like parole are only really legal because of that clause) but they could have easily specified “for the purposes of carrying out the punishment”.
Land of the free