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ozb | 3 months ago

I think there are much better argument for mandatory jury duty, like the fact that it's an inherent and explicit part of the preexisting Constitution, and that was not explicitly repealed nor (as far as I know) considered.

But the Court chose not to use those arguments, perhaps because they are less absolute and don't apply as cleanly to the draft.

Personally, I think that jury duty as it is today (no real pay, sometimes very long trials, "hardship" completely at the discretion of the judge) is actually a substantive violation of the principles of liberty that the 13th Amendment (along with the rest of the Constitution, notably the 5th Amendment) was meant to protect; (though I myself would likely enjoy actually being on a jury, and am fortunate that I can afford it/my work would likely pay).

And I don't think it would've been crazy to require an Amendment to institute a compulsory military draft, or better yet interpret the 13th Amendment to allow the draft (and jury duty) on narrower grounds but use it to better protect soldiers against various abuses inherent in the current military power structure and lack of exit option.

I do think that mandatory road duty is about as direct a violation of the purpose of the 13th Amendment as anything else the state could do. I think the (explicit) argument that the takings and due process clauses protect your money but not your labor is patently ridiculous.

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dataflow|3 months ago

> I do think that mandatory road duty is about as direct a violation of the purpose of the 13th Amendment as anything else the state could do.

Let me make sure I'm getting this right. You're making a serious claim that if the state required you to, say, clean the road by your house every morning, you'd feel like your experience would rival those of 19th-century slaves? You genuinely think that was the kind of thing the amendment was written for and do not see a meaningful distinction between the two?

samdoesnothing|3 months ago

> Please respond to the strongest plausible interpretation of what someone says, not a weaker one that's easier to criticize. Assume good faith.

Obviously the experience wouldn't rival one of a 19th century slave and nobody is making that claim. However, forced labor for no compensation is slavery, by definition.