Jeremy Alford: Would amendment allow slavery in Louisiana?

A proposed constitutional amendment that was meant to protect Louisiana citizens from forms of slavery and involuntary servitude may actually do just the opposite if passed into law by voters later this year.

“I’m going to vote against it,” said state Rep. Edmond Jordan, the amendment’s author. “In my opinion, it could be interpreted by some to create new opportunities for slavery and involuntarily servitude as it’s drafted. Rather than risk that interpretation, I would prefer to come back next year with a clean version that would not be subject to that interpretation.”

Jordan, a Brusly Democrat, said he reached this conclusion only recently, after reviewing the ballot language and questioning how it was drafted: “Do you support an amendment to prohibit the use of involuntary servitude except as it applies to the otherwise lawful administration of criminal justice?”

In comparison, the Constitution’s current language only allows for an exception for a “punishment for crime.”
While Jordan originally viewed the verbiage in Act 246 from this year’s regular session as a compromise, he and others are now concerned.
Rep. Alan Seabaugh, a Republican from northwest Louisiana, warned supportive lawmakers during the regular session that the amendment wouldn’t do what they thought it would do. Still, Jordan’s legislation was adopted by the Legislature without an opposing vote.
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If the amendment passes, you could see someone sentenced to slavery,” Seabaugh said in an interview last week.

An attorney who helps grade the constitutional law portion of bar exams, Seabaugh added such a scenario “would be pointless, like this whole debate, because the U.S. Constitution addresses this issue.”

Attorney Scott Sternberg of Sternberg, Naccari and White called the situation an “academic exercise” that voters should be informed about.

“I think (Jordan and Seabaugh are) both right,” said Sternberg, the general counsel for the Louisiana Press Association. “Sometimes the best of intentions wind up in a difficult situation, like the one we’re seeing right now, which is primed by the 13th Amendment to the U.S. Constitution. … It also further shows why we need to reform the way we amend the state Constitution.”

While provisions of federal law, including the U.S. Constitution, could preempt any misinterpretations, “it’s a dangerous game to invite interpretation of ambiguous language, especially on a matter of law and public opinion which is so well settled,” said Mary-Patricia Wray, an adjunct professor at Tulane University Law School who teaches legislative drafting.

That’s why Rep. Jordan said he has reached out to his legislative partners, like the American Civil Liberties Union, to encourage them not to engage on the proposed amendment.

“We’re going to come back next year, get this all cleaned up and try again on the 2023 ballot,” said Jordan, who originally wanted to remove any mention of slavery from the Louisiana Constitution.

Jordan’s proposed change will be in the second-to-last constitutional amendment on the Nov. 8 ballot — the seventh of eight listed. Another three proposed amendments will also be featured on the December runoff ballot.

The developments related to Jordan’s proposal represent the first bit of notable political noise from this year’s slate of constitutional amendments. In other words, all has been quiet on the constitutional front.

Groups like the Louisiana Chemical Association, Fraternal Order of Police and State Civil Service — to mention just a few — all took strong stances on this year’s other amendments during the legislative process, but few are planning to put significant resources behind flashy voter education campaigns.

So far, the strongest push related to a constitutional amendment this fall is coming from Jordan, who wants voters to reject his proposal so he can try again next year. It’s an unusual request from a politician, but one voters will surely understand.

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