Shaun,

The core of the legal system, Lady Justice herself, is in corruption up to her neck from this problem.

Let us not forget that the 13th Exception (prohibiting slavery except in the case of prisoners) and the 14th Exception (allowing States to disenfranchise people who have committed crimes) were part of the compromise between slavery-sympathizers and reformers haggling over emancipation.

This is not a bug, it is a feature.