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    Why a Question About Slavery Is Now on the Ballot in 5 States

    The states are asking voters whether to amend constitutions that have exceptions to slavery bans. Some hope that the changes could allow prisoners to challenge the practice of being forced into labor for little or no pay.Voters in five U.S. states where slavery or involuntary servitude remains legal as a punishment for people who are convicted of crimes will vote next month on whether to ban the practices outright.If passed, the measures in Alabama, Louisiana, Oregon, Tennessee and Vermont could open a door for prisoners there to challenge forced prison labor, for which most are paid pennies per hour and in some cases not at all.Legal experts cautioned that the ballot measures would not likely have any immediate legal effects if they passed, but prisoners and their advocates say the measures would send an instant message that Americans’ freedom from slavery does not hinge on whether they have committed a crime.“Nothing in the Constitution is just symbolic,” said Curtis Ray Davis II, who said he earned 2 cents an hour picking cotton, okra, squash and other crops in Louisiana’s fields while imprisoned. “We do not need to enslave people in order to punish them.”The measures, which are on the Nov. 8 ballots, have drawn criticism from some lawmakers who say that the changes are unnecessary or confusing. In one state, a former sponsor said the proposal was so ambiguous that he has started urging people to vote against it.Here’s what to know about the proposed changes.What is prison labor used for?The American Civil Liberties Union estimated in a report this year that prisoners produced more than $2 billion in goods annually and provided more than $9 billion worth of services while being paid an average of 13 to 52 cents per hour.Their jobs vary widely, and include doing laundry, serving food in prisons, building furniture for colleges and schools, and manufacturing license plates. Several states — including Alabama, Arkansas, Florida, Georgia, Mississippi, South Carolina and Texas — pay prisoners nothing for most jobs, according to the A.C.L.U. The State of the 2022 Midterm ElectionsBoth parties are making their final pitches ahead of the Nov. 8 election.Where the Election Stands: As Republicans appear to be gaining an edge with swing voters in the final weeks of the contest for control of Congress, here’s a look at the state of the races for the House and Senate.Biden’s Low Profile: President Biden’s decision not to attend big campaign rallies reflects a low approval rating that makes him unwelcome in some congressional districts and states.What Young Voters Think: Twelve Americans under 30, all living in swing states, told The Times about their political priorities, ranging from the highly personal to the universal.In Minnesota: The race for attorney general in the light-blue state offers a pure test of which issue is likely to be more politically decisive: abortion rights or crime.Mr. Davis, who was imprisoned in Louisiana for more than 26 years, said that he and other prisoners spent long, hot days doing farm work, sometimes without enough access to water. He said he grew so frustrated with being forced to do the job for 2 cents an hour that he intentionally dropped a 25-pound dumbbell on his foot so that he would not have to work. Instead, he said, he was sent to solitary confinement as punishment.Claudia M. Flores, a law professor at Yale and an author of the A.C.L.U. report, said much of prisoners’ work went toward running the prison itself.“This is an entire industry of workers that are really maintaining part of our government, part of our state,” Ms. Flores said.She and other experts noted that many prisoners who worked jobs did not want to get rid of prison work because some had been able to learn skills, make some money and be productive with their time“Some people might choose to work and really choose to work, but they should be working with wages and safe conditions and proper training, and maybe even gaining skills for when they reintegrate into society,” Ms. Flores said. Any such proposal would likely come up against opposition from state governments that would be required to either get rid of their work programs or pay a lot more in wages.In California, a proposal to remove from the State Constitution an exception to its ban on indentured servitude was rejected by the State Senate after officials in the administration of Gov. Gavin Newsom, a Democrat, said it could require the state to pay prison workers the state’s minimum wage of $15 an hour.What could change in the five states that have ballot measures?Each of the five states has a constitution that bans slavery or involuntary servitude for everyone except those who have been convicted of a crime.The exact language differs state by state, but each amendment is focused on eliminating or altering that exception. In Alabama, for example, the State Constitution would be amended to remove an exception that allows involuntary servitude “for the punishment of crime.” In some other states, the changes are more complicated.In Louisiana, the proposal would remove an exception having to do with people convicted of a crime but would add a new clarifying sentence noting that the amendment “does not apply to the otherwise lawful administration of criminal justice.”The broadness of that phrasing led State Representative Edmond Jordan, who had initially sponsored the bill, to fear that it could actually create more exceptions to the protection from slavery. He told The Advocate that he was urging people to vote against it but hoped to put a clearer measure up for vote in the future.Legal experts said it was unclear whether the changes would have any effect on the legality of prison labor, though prisoners will probably argue that they are being illegally forced to perform slave labor or involuntary servitude.The proposed changes — and the lawsuits that would follow — could force courts “to engage a little more deeply with whether this type of labor is prohibited,” said Andrea Armstrong, a law professor at the Loyola University New Orleans College of Law who studies prisons and jails.Does the U.S. Constitution still allow slavery?The U.S. Constitution has a nearly identical “exceptions clause” that allows people who are convicted of crimes to be forced into involuntary servitude.The clause is found in the 13th Amendment, which was ratified in 1865: “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.”Courts have at times referenced the amendment in denying prisoners the same rights as other workers, but they have more often relied on other laws and justifications to do so.A group of federal lawmakers has proposed a bill to remove the clause, but the lawmakers have not won enough support to pass it.Sharon Dolovich, a law professor at the University of California, Los Angeles, said that even if the 13th Amendment was not the primary justification for allowing mandatory prison labor, its existence in the Constitution most likely weighs on the mind of judges who evaluate prisoners’ claims.“The 13th Amendment, as it’s currently written — and the state’s analogues to the amendment — form a backdrop that infuses the legal regime governing incarcerated people,” said Ms. Dolovich, who leads the Prison Law and Policy Program at U.C.L.A. “It forms the moral atmosphere around which we treat incarcerated workers.”Other states have already removed exceptions to their slavery bans. What happened there?Many states’ constitutions do not mention slavery at all, relying on the protections — and exception — of the U.S. Constitution. But three states with constitutions that ban slavery have in recent years voted to remove the clause that created an exception for those convicted of crimes.Colorado did so in 2018, followed by Nebraska and Utah in 2020.After Colorado’s decision, a prisoner sued the state, claiming that it was violating its new, absolute ban on slavery and involuntary servitude, but a state appellate court ruled in August that voters had not meant to abolish prison labor. The judges also ruled that the prisoner’s complaint did not support a claim that the prison work program was involuntary servitude.But in Nebraska, the change has led at least one jail that had never paid its inmates for work to begin paying them $20 to $30 a week, The Lincoln Journal Star reported.More legal challenges are expected in those states, as well as any that pass similar measures next month. More

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    Why Andrew Yang’s New Third Party Is Bound to Fail

    Let’s not mince words. The new Forward Party announced by the former presidential candidate Andrew Yang, former Gov. Christine Todd Whitman and former Representative David Jolly is doomed to failure. The odds that it will attract any more than a token amount of support from the public, not to mention political elites, are slim to none. It will wither on the vine as the latest in a long history of vanity political parties.Why am I so confident that the Forward Party will amount to nothing? Because there is a recipe for third-party success in the United States, but neither Yang nor his allies have the right ingredients.First, let’s talk about the program of the Forward Party. Writing for The Washington Post, Yang, Whitman and Jolly say that their party is a response to “divisiveness” and “extremism.”“In a system torn apart by two increasingly divided extremes,” they write, “you must reintroduce choice and competition.”The Forward Party, they say, will “reflect the moderate, common-sense majority.” If, they argue, most third parties in U.S. history failed to take off because they were “ideologically too narrow,” then theirs is primed to reach deep into the disgruntled masses, especially since, they say, “voters are calling for a new party now more than ever.”It is not clear that we can make a conclusion about the public’s appetite for a specific third party on the basis of its general appetite for a third party. But that’s a minor issue. The bigger problem for Yang, Whitman and Jolly is their assessment of the history of American third parties. It’s wrong.The most successful third parties in American history have been precisely those that galvanized a narrow slice of the public over a specific set of issues. They further polarized the electorate, changed the political landscape and forced the established parties to reckon with their influence.This also gets to the meaning of success in the American system. The two-party system in the United States is a natural result of the rules of the game. The combination of single-member districts and single-ballot, “first past the post” elections means that in any election with more than two candidates, there’s a chance the winner won’t have a majority. There might be four or five or six (or even nine) distinct factions in an electorate, but the drive to prevent a plurality winner will very likely lead to the creation of two parties that take the shape of loose coalitions, each capable of winning that majority outright.To this dynamic add the fact of the presidency, which cannot be won without a majority of electoral votes. It’s this requirement of the Electoral College that puts additional pressure on political actors to form coalitions with each other in pursuit of the highest prize of American politics. In fact, for most of American history after the Civil War, the two parties were less coherent national organizations than clearinghouses for information and influence trading among state parties and urban machines.This is all to say that in the United States, a successful third party isn’t necessarily one that wins national office. Instead, a successful third party is one that integrates itself or its program into one of the two major parties, either by forcing key issues onto the agenda or revealing the existence of a potent new electorate.Take the Free Soil Party.During the presidential election of 1848, following the annexation of Texas, the Mexican-American War and the Treaty of Guadalupe Hidalgo, a coalition of antislavery politicians from the Democratic, Liberty and Whig Parties formed the Free Soil Party to oppose the expansion of slavery into the new Western territories. At their national convention in Buffalo, the Free Soilers summed up their platform with the slogan “Free soil, free speech, free labor, free men!”The Free Soil Party, notes the historian Frederick J. Blue in “The Free Soilers: Third Party Politics, 1848-1854,” “endorsed the Wilmot Proviso by declaring that Congress had no power to extend slavery and must in fact prohibit its extension, thus returning to the principle of the Northwest Ordinance of 1787.” It is the duty of the federal government, declared its platform, “to relieve itself from all responsibility for the existence of slavery wherever that government possesses constitutional power to legislate on that subject and is thus responsible for its existence.”This was controversial, to put it mildly. The entire “second” party system (the first being the roughly 30-year competition between the Federalists and the Jeffersonian Republicans) had been built to sidestep the conflict over the expansion of slavery. The Free Soil Party — which in an ironic twist nominated Martin Van Buren, the architect of that system, for president in the 1848 election — fought to put that conflict at the center of American politics.It succeeded. In many respects, the emergence of the Free Soil Party marks the beginning of mass antislavery politics in the United States. They elected several members to Congress, helped fracture the Whig Party along sectional lines and pushed antislavery “Free” Democrats to abandon their party. The Free Soilers never elected a president, but in just a few short years they transformed American party politics. And when the Whig Party finally collapsed under the weight of its own contradictions, after General Winfield Scott’s defeat in the 1852 presidential election, the Free Soil Party would become, in 1854, the nucleus of the new Republican Party, which brought an even larger coalition of former Whigs and ex-Democrats together with Free Soil radicals under the umbrella of a sectional, antislavery party.There are a few other examples of third-party success. The Populist Party failed to win high office after endorsing the Democratic nominee, William Jennings Bryan, for president in 1896, but went on to shape the next two decades of American political life. “In the wake of the defeat of the People’s party, a wave of reform soon swept the country,” the historian Charles Postel writes in “The Populist Vision”: “Populism provided an impetus for this modernizing process, with many of their demands co-opted and refashioned by progressive Democrats and Republicans.”“By turn of fate,” Postel continues, “Populism proved far more successful dead than alive.”On a more sinister note, the segregationist George Wallace won five states and nearly 10 million ballots in his 1968 campaign for president under the banner of the American Independent Party. His run was proof of concept for Richard Nixon’s effort to fracture the Democratic Party coalition along racial and regional lines. Wallace pioneered a style of politics that Republicans would deploy to their own ends for decades, eventually culminating in the election of Donald Trump in 2016.This is all to say that there’s nothing about the Forward Party that, as announced, would have this kind of impact on American politics. It doesn’t speak to anything that matters other than a vague sense that the system should have more choices and that there’s a center out there that rejects the extremes, a problem the Democratic Party addressed by nominating Joe Biden for president and shaping most of its agenda to satisfy its most conservative members in Congress.The Forward Party doesn’t even appear to advocate the kinds of changes that would enable more choices across the political system: approval voting where voters can choose multiple candidates for office, multimember districts for Congress and fundamental reform to the Electoral College. Even something as simple as fusion voting — where two or more parties on the ballot share the same candidate — doesn’t appear to be on the radar of the Forward Party.The biggest problem with the Forward Party, however, is that its leaders — like so many failed reformers — seem to think that you can take the conflict out of politics. “On every issue facing this nation,” they write, “we can find a reasonable approach most Americans agree on.”No, we can’t. When an issue becomes live — when it becomes salient, as political scientists put it — people disagree. The question is how to handle and structure that disagreement within the political system. Will it fuel the process of government or will it paralyze it? Something tells me that neither Yang nor his allies have the answer.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    We Underestimated Trump Before. It Didn’t Go Well.

    Sometimes, and much to our detriment, we find real events are simply too outlandish to take seriously.Many professional Republicans, for example, initially dismissed the movement to “Stop the Steal” as a ridiculous stunt.“What is the downside for humoring him for this little bit of time? No one seriously thinks the results will change,” an anonymous senior Republican official told The Washington Post a few days after Joe Biden claimed victory:He went golfing this weekend. It’s not like he’s plotting how to prevent Joe Biden from taking power on Jan. 20. He’s tweeting about filing some lawsuits, those lawsuits will fail, then he’ll tweet some more about how the election was stolen, and then he’ll leave.Republicans went ahead and humored the president, who then urged his followers to assault the Capitol and try to void the election results in his favor.Now, 10 months after the election, “Stop the Steal” is something like party orthodoxy, ideological fuel for a national effort to seize control of election administration and to purge those officials who secured the vote over Donald Trump’s demand to subvert it. Assuming that he is in good health, Trump will almost certainly run for president in 2024, and if he does, he’ll do so in a Republican Party pacified of any resistance to his will to power.The upshot is that we are on our way to another election crisis. Or, as the election law expert (and frequent New York Times contributor) Rick Hasen has written in a new paper on the risk of election subversion, “The United States faces a serious risk that the 2024 presidential election, and other future U.S. elections, will not be conducted fairly, and that the candidates taking office will not reflect the free choices made by eligible voters under previously announced election rules.”Despite the danger at hand, there doesn’t appear to be much urgency among congressional Democrats — or the remaining pro-democracy Republicans — to do anything. The Democratic majority in the House of Representatives has passed a new voting rights act aimed at the wave of restrictive new election laws from Republican state legislatures, and Democrats in the Senate have introduced a bill that would establish “protections to insulate nonpartisan state and local officials who administer federal elections from undue partisan interference or control.” But as long as the Senate filibuster is in place — and as long as key Democrats want to keep it in place — there is almost no chance that the Senate will end debate on the bill and bring it to the floor for a simple majority vote.It’s almost as if, to the people with the power to act, the prospect of a Trumpified Republican Party with the will to subvert the next presidential election and the power to do it is one of those events that just seems a little too out there. And far from provoking action, the sheer magnitude of what it would mean has induced a kind of passivity, a hope that we can solve the crisis without bringing real power to bear.It is here that I am reminded of a previous existential threat to American democracy and how one group of Americans struggled to accept the unthinkable even as it unfolded right before their eyes.On Nov. 6, 1860, Abraham Lincoln was elected president. The plurality popular vote winner in a four-way race — the Northern and Southern wings of the Democratic Party fielded separate candidates, Stephen A. Douglas and John C. Breckinridge, while conservative Southern unionists coalesced behind the Tennessee Senator John Bell under the Constitutional Union party — Lincoln won a solid majority of electoral votes, 180 out of a total of 303. But his was a sectional victory; not only did Lincoln not win a single Southern electoral vote, but in 10 of the 11 states that became the Confederacy there wasn’t even a Lincoln ballot to cast.The new Republican president was also a specifically Northern president, with a coalition united by its antislavery beliefs. “The country had committed itself electorally to a party which opposed slavery, at least to the extent of agreeing with Lincoln that the institution must ‘be placed in the course of ultimate extinction,’” the historian David M. Potter explains in “The Impending Crisis: America Before the Civil War, 1848 to 1861.”South Carolina, with its heavy concentration of enslaved people and deep-seated pro-slavery sentiment, took the first steps toward leaving the Union, passing a bill that set the date for a convention where elected delegates would debate secession. The speed of South Carolina’s action, Potter notes, “accelerated the tempo of the disunion movement in a decisive way.” In short order, the legislatures of Alabama, Mississippi, Louisiana and Florida announced similar conventions.Secessionists had momentum but, as the historian Russell McClintock writes in “Lincoln and the Decision for War: The Northern Response to Secession,” “Republicans showed no anxiety about disunion before the election and remarkably little after it.” Lincoln’s first concern, after celebrating his victory, was cabinet selection and the question of patronage since, as McClintock explains, “the individuals Lincoln chose as his advisers would strongly suggest which way he was leaning in his attitude toward the gathering storm in the South and would have great influence over his policy.”Republican-aligned newspapers were nonplused by events in the South. “South Carolina may fume and fulminate, and call conventions and pass resolutions till the crack of doom,” wrote one correspondent in The Chicago Tribune, but “up to this writing nobody is scared that we know of.”Similarly, wrote a like-minded Boston editor, “Almost the only topic of political interest just now, is the rumored insane attempt of a few hotheaded fanatics, to induce the people of a few slave states to secede from the American Union. There is in this nothing new, unexpected, or alarming.”After all, pro-slavery ideologues had threatened disunion in response to policy and political defeats for decades. If the South did not act before, why would it act now?In fact, many Republicans believed the South needed the Union to maintain slavery. In “The Republic in Crisis, 1848-1861,” the historian John Ashworth summarized the Republican view. “How would slave insurrections be put down without federal forces? How could the slaveholders secure the loyalty of the nonslaveholding whites in their own localities?” And, most important, “How could the slaveholders cater to the economic ambitions of the nonslaveholding whites, who because of the inadequacies of the slave system were denied any real economic opportunity?”In short, there was no way the slaveholding South could sustain itself on its own.There was also, for Republicans, the matter of sectional pride. In the past, threats of disunion were part of a Kabuki theater of negotiations. Here’s McClintock: “Southerners demanded political advantages, Northerners balked, Southerners threatened to secede, and Northern Democrats gave in and voted with the Southerners.” The Republicans who scoffed at this latest threat of secession were saying, in essence, that the North would no longer play this game. “Since this is not the first time such cries are heard — since, indeed, they have been long-sounding in our ears, so that their exact value is perfectly understood from the very beginning — there seems no longer excuse or apology for hearkening to them,” the staunchly antislavery Senator Charles Sumner of Massachusetts said. “They are to be treated as threats, and nothing more.”Unfortunately for Sumner and the Republicans, their confidence was misplaced. Yes, there were Southern unionists, and yes, there were serious political tensions within the seceding states. But the secessionists had the initiative, and within 90 days of Lincoln’s election they had, as Potter writes, “won ten legislative decisions to hold elections for state conventions, held seven such elections, gained majorities in each, assembled seven conventions, voted seven ordinances of secession, and also took the first steps toward formation of a southern confederacy.”When Republicans finally turned to face the crisis, in December, there were few options at hand. Lincoln would not take office for another three months, Congress had just come back into session, and the outgoing Buchanan administration was divided and in disarray, beset by resignations as some members — like Howell Cobb, of Georgia, the secretary of the Treasury — stood with their states and others stood with the Union.There was obviously no appetite, among Republicans, for disunion. There was also no appetite for compromise, even as a few lawmakers — led by John Crittenden of Kentucky, a Whig — tried to forge one last agreement to satisfy the sections and secure the Union. His proposal, a set of constitutional amendments and congressional resolutions, would have shielded slavery from federal power and congressional interference, reinstating the Missouri Compromise by writing it into the Constitution itself.Republicans were not interested. For the past decade, the Northern lawmakers had made concessions to the South. The Fugitive Slave Act of 1850 was one; Whig support for James Buchanan over the Republican John C. Fremont in the 1856 election was another. “From the standpoint of a sincere Unionist,” Potter writes, “there was something self-defeating about getting the Union temporarily past a crisis by making concessions which strengthened the disunionist faction and perpetuated the tendency toward periodic crises.”The only option left was confrontation, and when Lincoln finally took the reins of state on March 4, 1861, he made it clear that this was the path he would take. “I hold that in contemplation of universal law and of the Constitution the Union of these States is perpetual,” Lincoln famously said in his first inaugural address:Plainly, the central idea of secession is the essence of anarchy. A majority held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people.I am not making a direct analogy between the Civil War era and current American politics. There is nothing, yet, that divides us as starkly as slavery did in the 1840s and 1850s. Nor is the crisis of democratic integrity as acute now as it was during the secession crisis. But the value of studying history is that we can see how previous generations of Americans faced the challenges of their time. No one knows, in the moment, how the story ends, and we can use that insight to try to understand the options available to our forebears as they lived through their present.Republicans had good reason to ignore threats of secession. But they also had reason to heed them. With Lincoln’s election, the slave-owning South had lost its almost total grip on federal power. Sectional tensions had never been stressed in this way before, and Southern panic was palpable. Republicans could not have stopped secession, but they might have been able to better prepare for whatever confrontation lay on the horizon.It is impossible to say where we stand in relation to our own crisis. Perhaps the worst is yet to come; perhaps we’ve already sailed through. Either way, we should secure our elections against whatever threat might materialize because if there is anything our history tells us, it’s that everything looks settled until one day it isn’t.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More