A search of the Texas constitution reveals no trace of the word slavery
or any reference to the use of prisoner labor as slaves. Nevertheless,
Texas has a long and unbecoming history of resisting the economic
integration of Blacks into it’s society and exploiting the use of
prisoners as slave labor (including Mexicans) etc.
The 13th Amendment to the US constitution states in pertinent part:
“neither slavery nor involuntary servitude, except as a punishment for
crime… shall exist within the United States.” The 13th Amendment was
formally adopted on December 18, 1865. Texas was not among the states
ratifying this amendment. In 1866, participants at a constitutional
convention took the position that it was unnecessary to adopt this
amendment. By taking an oath to support the united states constitution,
they had indirectly abolished slavery and this was sufficient. It was
not until February 18, 1870 that Texas formally adopted the 13th
amendment, and this was only done grudgingly, to satisfy conditions for
gaining admission back into the union.
Prisoners perform valuable services in their prisons and in a multitude
of different prison industries. Without prisoner labor, these prisons
and prison industries could not function. From the inception of its
prison system, Texas historically refused to pay its prisoners any wages
for their work, no doubt relying upon the clause carving out an
exception for prisoner labor in the 13th amendment of the US
constitution as their authority for doing so.
The 70th Texas legislature reversed this long standing practice and
policy by creating work credits as part of its major overhaul of the
parole system. Under the 1/4 as this legislation came to be called,
these work credits vested when earned, and hastened a prisoner’s
mandatory supervision date. Since this law was enacted, prisoners have
been receiving a half day of work credit for every day of calendar time
served.
During the term of the 74th legislature, from 1995 to 1997, the parole
board’s ability to perform its statutorily delegated function of
reviewing all parole candidates applying the Texas parole guidelines to
their cases and issuing decisions as to their fitness for parole was
clearly illusory. The parole board was vastly lacking the staff and
resources to perform this task. Nevertheless, the 74th legislature
increased the authority of the parole board by giving them the right to
cancel a prisoner’s work credit, simply upon a finding that the
prisoner’s release could endanger the public’s safety.
A finding that a prisoner’s release could endanger the public’s safety
is ambiguous, vague and vulnerable to abuse. Parole candidates have seen
their mandatory supervision date pass as well as their good time and
work credits rescinded for just this reason, with no factual basis and
no reasoned decision to support this finding.
The parole board is making its prisoners serve their sentences day for
day, acting above Texas law and of our US Constitution, like the 13th
amendment, claiming it is giving out parole when a prisoner is within
months or a year of finishing his or her entire prison sentence. Is this
not illegal, and prison slavery? Indeed.
MIM(Prisons) responds: We don’t like to use the word “slavery”
too much in reference to the modern U$ prison system. Though in fact,
slavery is legal in U$ prisons according to the 13th Amendment, which
this writer seems to ignore. As we have discussed
elsewhere,
the prison system is not akin to the economic system of slavery in
capitalist or pre-capitalist societies. It is a form of the mass
lumpenization that is unique to modern imperialism, and is about
managing excess populations, not acquiring populations for exploitation.
We appreciate the brief history of Texas policies provided by this
writer, but would add to it the significance of the history of the 13th
Amendment. As mentioned, this amendment allowed for slavery in prisons
at a time when imprisonment of Blacks was even easier than it is today.
This was a bone thrown to the white nation in the South who stood to
loose out from the new economic realities following the Civil War.
Southern whites were given a means to control Black labor on a small
scale to get them through the transition. Today the 13th Amendment plays
a similar role, where mostly Blacks and Latinos are forced to do much of
the maintenance labor to support their own imprisonment, while
predominantly white staff make fat checks as watchdogs and bureaucrats
in the system.