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The Macksey Journal

Abstract

Violence against a woman turns her into a non-autonomous instrument. The use of violence as a threat against a woman leaves her vulnerable, often times forcing her to do something contrary against their will. Women who experience domestic violence continuously experience threatening situations that result in subordination to their domestic partner. The term "involuntary servitude" listed in the Thirteenth Amendment allows the Amendment to be one of the most powerful, yet underused, provisions of the Constitution of the United States. Although the Amendment was created to abolish slavery against African Americans in the early years of the Republic, scholars have described the Thirteenth Amendment as a view that may be used to reach doctrinal outcomes neither specifically intended by the Amendment's drafters nor obvious to the contemporary audiences. It has been proposed that the Thirteenth Amendment may be read to prohibit not just slavery and involuntary servitude, but also racial profiling, felony disenfranchisement, hate speech, child labor, child abuse, anti-abortion laws, domestic violence, prostitution, and sexual harassment. Arguably, Thirteenth Amendment Optimism is the most valuable means as a motivator to the political process to protect a woman's constitutional right against domestic violence.

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