Cruel and Unusual--the end of the 8th amendment--

"The ghost of slavery is built into our legal language and holds our prison system in its grip. To the extent that slaves were allowed personalities before the law, they were regarded chiefly—almost solely—as potential criminals. During the second session of the 39th Congress (December 12, 1866-January 8, 1867) debates raged on the meaning of the exemption in the 13th Amendment to the Constitution. It abolished slavery “except as punishment of crime whereof the party shall have been duly convicted.” The parenthetical expression guaranteed enclosure, a bracketing of servitude that revived slavery under cover of removing it. Those who were once slaves were now criminals, and forced labor in the form of the convict lease system ensured continued degradation. As Charles Sumner warned, the locale for enslavement would move from the auction block to the courts of the United States. "