The private prisons argument always struck me as flawed in many ways. An industry reliant on government monopoly grants may be in private hands through corporate structures, but it is not a creation of free market forces. Further, the incarceration rate is not caused by these prisons, regardless of contractual occupancy rate agreements.

As for prison labor, I could see it as a just way for criminals to earn their way to restitution and fund their room and board, but it is absolutely a slave labor system in disguise today. And it can certainly be argued that the "justice" system exists to fill it now over 150 years since the Emancipation Proclamation.

And as for the Constitution, I'm not a fan in the first place aside from the Bill of Rights amended to it later.