The Fourteenth Amendment: A Cornerstone of Civil Rights
Understanding the Fourteenth Amendment
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868. This amendment marks a pivotal moment in American legal and social history. It was enacted as part of the Reconstruction Amendments, which aimed to address the profound changes in the nation following the Emancipation Proclamation. The amendment's assertion, "nor shall any State... deny to any person within its jurisdiction the equal protection of the laws," was intended to serve as a cornerstone of civil rights in the United States. Unfortunately, many politicians, governors, and states did not uphold this principle.
The Legacy of Black Schools
Black schools, often referred to as "Negro schools," were racially segregated institutions in the United States. They originated during the Reconstruction era after the American Civil War. These schools were established in Southern states under biracial Republican governments as free public schools for formerly enslaved individuals. All their students were Black. However, after 1877, conservative whites took control across the South. They continued the black schools but at a significantly lower funding rate than white schools.
Individuals advocating for education among freed Americans argued that the Fourteenth Amendment was established to ensure that all individuals, regardless of their background, are entitled to equal treatment under the law. This principle of equality is fundamental to the American legal system. It has been the basis for numerous landmark Supreme Court cases that seek to dismantle discriminatory practices and uphold the rights of marginalized groups.
The Reconstruction Amendments
The remarkable Reconstruction Amendments, often referred to as the Civil War Amendments, include the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution. These amendments were adopted between 1865 and 1870 and were crucial in reshaping the societal landscape of the American South and the nation. They sought to integrate formerly enslaved individuals into the fabric of American society.
The Thirteenth Amendment, proposed in 1864 and ratified in 1865, played a vital role by abolishing slavery and involuntary servitude, except as punishment for a crime. This marked a significant shift in the legal status of millions of African Americans, granting them freedom and the potential for citizenship rights.
The Prison-Industrial Complex
In contrast, the prison–industrial complex (PIC) has emerged as a term to describe the complex relationships between institutions of imprisonment—such as prisons, jails, detention facilities, and psychiatric hospitals—and the myriad businesses that benefit economically from them. Drawing inspiration from the "military-industrial complex" of the 1950s, this term is used by scholars, activists, and critics to highlight systemic issues surrounding incarceration in the United States.
The Impact of Incarceration on Education
Statistics reveal alarming trends. One in ten male dropouts between the ages of 16 to 24 is either in prison or in juvenile detention. According to a report by The Hamilton Project, there is nearly a 70 percent chance that an African-American man without a high school diploma will be imprisoned by his mid-thirties. The unemployment rate for African-Americans without a high school diploma stands at 16.6 percent, indicating that men in this demographic face a similar likelihood of being incarcerated as they do of being employed.
Juvenile incarceration significantly decreases the likelihood of high school graduation by 13 percent. Additionally, those incarcerated as juveniles are 15 percent more likely to be incarcerated as adults for violent crimes and 14 percent more likely for property crimes—a concept known as recidivism. The probability of incarceration increases with childhood experiences in the juvenile justice system, often stemming from minor crimes, such as property offenses.
Students from low-income families are 2.4 times more likely to drop out than their middle-income peers and over ten times more likely than high-income students. Moreover, 36 percent of students with learning or physical disabilities do not graduate high school. Dropouts often have a history of being retained at grade levels, relocating during high school, or feeling alienated from their peers.
The Economic Consequences of Incarceration
The consequences of high rates of incarceration extend beyond the individual. Incarceration is extremely costly for American taxpayers. In 2010, the United States spent over $80 billion on correction expenditures at federal, state, and local levels. This funding covers the supervision, confinement, and rehabilitation of adults and juveniles convicted of offenses. To put this into perspective, in 1980, the cost was only $17 billion. When including expenditures for police protection and judicial services, this cost rises to $261 billion.
According to a 2013 report by the Alliance for Excellent Education, the United States could save up to $18.5 billion in annual crime costs if the high school male graduation rate increased by just five percent. This increase would also lead to a decrease in annual incidences of assault by 60,000, larceny by 30,000, motor vehicle theft by 31,000, and burglaries by 17,000. The national average cost for educating a student is $12,643, while the annual state average cost for housing an inmate is $28,323.
If our nation redirected more efforts and funding toward education rather than incarceration, it would lead to a significant increase in high school graduation rates, thereby reducing crime rates and the costs associated with incarceration. “Schools could lower their dropout rates by trying harder to inspire students to learn,” said Palmer, “especially in inner-city schools and schools with fewer opportunities for their students.”
Overall, reducing high school dropout rates would benefit not only individuals but also the nation by decreasing taxes, creating more jobs, and boosting the economy. In today's world, a high school diploma is essential for a stable career and life. Therefore, the education system must encourage all students to complete their high school education, regardless of their circumstances. Schools should focus on providing education and opportunities rather than unfairly reprimanding and discouraging students during their crucial developmental stages.
The Role of Music and Private Prisons
How many of you have heard rumors about a closed-door meeting in the 1990s? Key figures in the music industry allegedly met with investors of private prisons to promote and distribute gangster rap music that encourages criminal behavior. This collaboration was purportedly aimed at helping local, state, and federal authorities fill private prisons. The growth of the U.S. inmate population has not only fueled conspiracy theories but has also increased significant financial profits for private prison investors. This has fostered a political environment where these entities wield considerable influence over public policy.
Stakeholders in the Prison-Industrial Complex
The implications of the prison–industrial complex extend well beyond correctional facilities. It involves various stakeholders, including construction companies that build new prisons, food service providers that supply meals to inmates, healthcare facilities that offer medical services, and technology vendors who provide surveillance and corrections equipment. Additionally, it includes corporations that contract for cheap prison labor, correctional officers’ unions advocating for their members, and private probation companies that manage offenders in the community.
Challenges persist for individuals who were previously incarcerated and lack a high school diploma or GED. They experience unemployment rates 2 to 5 times higher than their counterparts. Many face higher recidivism rates than individuals released into society with adequate resources and lifestyle changes. The conspiracy theories surrounding Wall Street analysts and millionaires profiting from the prison system have not reached the level of importance as other scandals.
With reductions in the educational federal budget and significant staff cuts in necessary departments, parolees facing recidivism without a high school diploma or GED lack access to programs focused on psychological well-being, education, and vocational skills. This continues the cycle of recidivism and its toll on criminal justice systems.
The Educational Gap in Prisons
This educational gap varies by race and gender, with the majority of the prison population deriving from urban areas. A 2008 study found that incarceration before the age of 17 decreases the likelihood of graduating high school by 26%. Alarmingly, around 40% of state prisoners have not completed high school, while only 16% possess a high school diploma. Nationally, 68% of all males in prison do not have a high school diploma. In California, only 20% of inmates have basic literacy skills.
Juvenile incarceration reduces the probability of high school graduation by 13%. The Bureau of Justice statistics show that 68% of those incarcerated in state prisons did not complete high school before release. Individuals struggling to readjust to society without a high school diploma face a higher likelihood of incarceration.
The Economic Impact of Low Wages in Prisons
Astonishingly, about 1 in 3 incarcerated adults have less than a high school education, either before or during incarceration, while only 14% of the general population lacks a high school diploma. In 2014, 1 in 365 prison inmates did not finish high school. One major surprise is that prisons seem to be paying incarcerated individuals less now than in 2001. The average minimum daily wage for non-industry prison jobs is now 86 cents, down from 93 cents in 2001. The average maximum daily wage has decreased even more significantly, from $4.73 in 2001 to $3.45 today.
What changed? At least seven states have reduced their maximum wages, and South Carolina no longer pays wages for most regular prison jobs—assignments that paid up to $4.80 per day in 2001. With few exceptions, regular prison jobs remain unpaid in Alabama, Arkansas, Florida, Georgia, and Texas. Incarcerated individuals working for state-owned businesses earn between 33 cents and $1.41 per hour on average—roughly twice as much as those in regular prison jobs. However, only about 6 percent of state prison inmates receive these “higher” wages. An even smaller fraction of incarcerated workers are eligible for “prevailing local wages” by working for private businesses that contract with states through the PIE program. The vast majority spend their days working in custodial, maintenance, groundskeeping, or food service jobs for the institutions that confine them.
The Future of Education and Incarceration
Education Secretary Linda McMahon is prepared to act swiftly now that the President can proceed with layoffs and distribute the department’s responsibilities across other federal agencies. During his campaign, Trump promised to close the department, and McMahon has indicated that the department has a “final mission” to transfer its duties to the states.
Trump and McMahon acknowledge that only Congress can fully dissolve the Education Department, but they have both proposed that its primary functions could be allocated to different federal agencies. One major decision involves reversing Biden's student relief programs and managing federal student loans, a $1.6 trillion portfolio impacting nearly 43 million borrowers. In March, Trump suggested that the Small Business Administration might handle federal student loans, but a June court document revealed that the Treasury Department is expected to assume this responsibility. The Education Department stated it was negotiating a contract with Treasury, but talks were paused when the court intervened. Now, those discussions are anticipated to resume shortly.
The intersection of education and incarceration remains a critical issue. By focusing on educational opportunities and reducing dropout rates, society can work toward breaking the cycle of incarceration and fostering a more equitable future for all.
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