Amanpour and Company

LISTEN, MAY I JUST START BY READING THE RELEVANT PART OF THE 13th AMENDMENT AND GET YOU TO EXPLAIN WHY IT HAS BEEN SUCH A SORT OF A MISNOMER. SO IT SAYS IN PART, "NEITHER SLAVERY NOR INVOLUNTARY SERVITUDE EXCEPT AS A PUNISHMENT FOR CRIME WHEREOF THE PARTY SHOULD HAVE BEEN DULY CONVICTED SHALL EXIST IN THE UNITED STATES OR ANY PLACE SUBJECT TO THEIR JURISDICTION." KHALIL MUHAMMAD, I HAVE NEVER UNDERSTOOD THAT PHRASE AND HOW IT PERVERTED, IN FACT, THE CAUSE OF BANNING SLAVERY IN THE UNITED STATES. >> WELL, THE 13th AMENDMENT, AS YOU JUST READ, HAS ALMOST UNIVERSALLY BEEN UNDERSTOOD AS THE LEGISLATION THAT FUNDAMENTALLY ENDED 250 YEARS OF SLAVERY. AND, THEREFORE, THE SLAVERY LOOPHOLE WHICH IS THE CLAUSE FOR PUNISHMENT OF A CRIME, HAS NEVER REALLY GOTTEN THE AMOUNT OF SCHOLARLY OR LEGAL ATTENTION THAT IT DESERVED. BUT, IN FACT, IT WAS THE ACT LITERALLY OVERNIGHT WITHIN MONTH S, AS THEY WERE GOING THROUGH A PROCESS OF RECONSTRUCTION, TURNED TO NEW CRIMINAL STATUTES IN ORDER TO RE-ENSLAVE THAT POPULATION OF AFRICAN-AMERICANS. SO IT'S HAD INCREDIBLE UTILITY IN THE AMERICAN POLITICAL ECONOMY BOTH IN THE SOUTH AND ACROSS THE NATION. >> LET ME THEN TURN TO DEBRA JEFFERSON SMALL. WHY DO YOU THINK THAT LANGUAGE WAS USED THERE AND CONTINUES TO THIS DAY? >> I THINK THE THING WE HAVE TO REMEMBER THAT SLAVERY IS THAT RACISM IS A PRODUCT AND IN SUPPORT OF CAPITALISM. AND THAT SLAVERY WAS BASICALLY A CAPITALIST ENTERPRISE. SO FROM THE VERY BEGINNING OF THE PERIOD AFTER WHICH BLACK PEOPLE WERE LEGALLY NO LONGER ENSLAVED, THE SAME ECONOMIC FORCES WERE LOOKING FOR WAYS TO CONTINUE TO PROFIT FROM FREE LABOR. SO THIS EXCEPTION IN THE STATUTE, REGARDING THE ABILITY TO PUNISH A PERSON FOR CONVICTION OF A CRIME, CREATED THE PERFECT OPPORTUNITY. AND I THINK IT'S IMPORTANT TO REMEMBER THAT THE KINDS OF CRIMES THAT BLACK PEOPLE WERE BEING LOCKED UP FOR AND CONVICTED OF WERE THINGS LIKE VAGRANCY, LIKE STEALING A PIG, LIKE DOING BASIC KIND OF SURVIVAL CRIMES OR MISDEMEANOR OFFENSES. MANY OF THE SAME KINDS OF THINGS THAT ARE CURRENTLY BEING USED BY OUR PRISON INDUSTRIAL COMPLEX TO SUPPORT MASS INCARCERATION.