Why did it take even more time to pass Amendment 13, which was approved two years after the Emancipation Proclamation?

Social Studies · Middle School · Thu Feb 04 2021

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The 13th Amendment to the United States Constitution, which officially abolished slavery, took longer to pass than the Emancipation Proclamation for a few reasons, involving both legislative hurdles and the conditions of the Civil War.

1. **Limitation of the Emancipation Proclamation**: The Emancipation Proclamation, enacted by President Abraham Lincoln on January 1, 1863, was an executive order that declared the freedom of slaves in Confederate states. However, this did not free all slaves in the United States. It applied only to Confederate states that were in rebellion and did not apply to slave-holding border states that were part of the Union. An amendment to the Constitution was necessary to abolish slavery throughout the entire country.

2. **Civil War Conditions**: When the Emancipation Proclamation was issued, the Civil War was still ongoing. Lincoln believed that an immediate attempt to pass an amendment to abolish slavery would be seen as too radical and could risk causing the border states to secede. The conditions were not yet favorable for passing an amendment that would outlaw slavery nationwide.

3. **Passage Through Congress**: Constitutional amendments require a two-thirds majority in both the House of Representatives and the Senate. This was a significant hurdle, as persuading a supermajority of Congress to agree on such a contentious issue was challenging, especially while the nation was still divided by civil war.

4. **Political Landscape**: The political landscape changed significantly after the 1864 elections, providing more support for the anti-slavery movement in Congress. There was increased urgency for a constitutional amendment after the war to ensure that the abolition of slavery was permanent and would not be challenged in courts.

5. **Ratification Process**: Even after passing in Congress, an amendment requires ratification by at least three-fourths of the states. This process took additional time as it required the support of various state legislatures, which could be a slow process, especially after such a divisive conflict as the Civil War.

The 13th Amendment was passed by the Senate in April 1864, and by the House in January 1865. It was ratified by the required number of states by December 1865, about eight months after the Civil War ended, thus making slavery illegal in the United States.

Extra: The Emancipation Proclamation and the 13th Amendment are pivotal moments in American history, often discussed in classrooms to illustrate the struggle for civil rights and the constitutional process for making significant changes in law.

The Emancipation Proclamation is seen as a powerful use of executive authority that had a dramatic moral impact, but its legal reach was limited to states in rebellion, and it did not end slavery in the entire United States.

In contrast, the 13th Amendment was a permanent and comprehensive measure. To change or add an amendment to the Constitution is an extensive process designed to ensure a broad consensus among the states. Such a measure undergoes intense debates and requires widespread agreement, which is why significant amendments usually coincide with substantial shifts in public opinion and political alignment. The 13th Amendment represents one of the most significant transformations in American society, marking the formal end to the institution of slavery in the United States. Its impact also set the stage for subsequent civil rights movements and legislation, leading to further constitutional developments like the 14th and 15th Amendments that guarantee citizenship rights and voting rights irrespective of race.