The Constitution: Black Lives Under White Rule

The lives of Black people during the formation of the U.S. Constitution were marked by legal limbo, racial discrimination, and a struggle for equal rights. While the original Constitution did not restrict citizenship based on race, it also failed to define voting rights, and enslaved people were only counted as three-fifths of a person. The Dred Scott v. Sandford case in 1857 further highlighted the precarious status of Black Americans, as the Supreme Court declared that no Black person, free or enslaved, could be a citizen. This decision left Black individuals vulnerable to state regulations and fueled colonization schemes that aimed to remove them from the nation. The fight for equality and citizenship resulted in key amendments to the Constitution, including the 13th, 14th, and 15th Amendments, which respectively abolished slavery, extended citizenship to all persons born in the U.S., and granted African American men the right to vote. Despite these advancements, the struggle for voting rights and against segregation persisted, with organizations like the NAACP and activists like Martin Luther King, Jr. leading the charge for change.

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Black people were not considered citizens and were counted as 3/5ths of a person

When the U.S. Constitution was ratified in 1788, it did not restrict citizenship based on race. However, it only counted enslaved people as three-fifths of a person in state populations, rather than as full citizens. This meant that Black people were not considered citizens and were denied the rights and protections afforded to citizens.

The Dred Scott v. Sandford case of 1857 further entrenched this denial of citizenship to Black people. The Supreme Court declared that no Black person, whether free or enslaved, could be considered a citizen of the United States. Chief Justice Roger Taney's opinion stated that slaves and their descendants were "beings of an inferior order" with no rights that white people were bound to respect. This decision protected slavery and allowed discriminatory laws that denied equal citizenship status to free Black people.

The Dred Scott decision highlighted the ambiguity of citizenship in the 19th century, where racism played a significant role in determining who enjoyed constitutional rights. The lack of legal protection for Black people's rights resulted in their lives being characterized by racial discrimination and segregation. They faced restrictions in various aspects of daily life, including work, family, and social interactions.

The 14th Amendment to the Constitution, ratified in 1868, was a significant step towards addressing this injustice. It granted citizenship to formerly enslaved Americans and established birthright citizenship, ensuring that anyone born in the U.S. is automatically a citizen. However, the promise of birthright citizenship was undermined by legal challenges and state laws that perpetuated racial segregation and second-class citizenship for Black people.

It wasn't until the civil rights movement of the 20th century that efforts were made to secure and protect the full voting rights of Black citizens. The National Association for the Advancement of Colored People (NAACP), founded in 1909, played a crucial role in this struggle by advocating for legal action and equal rights. Despite these efforts, racial violence and voter suppression continued, perpetuated by white supremacist groups and supported by the withdrawal of federal troop protection for African Americans.

The 14th Amendment granted citizenship to all persons born or naturalized in the US

The 14th Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, was a major step in redefining citizenship in the United States. The amendment's Citizenship Clause established the principle of birthright citizenship, stating that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This clause explicitly repudiated the infamous Dred Scott v. Sandford ruling, which declared that Black people, regardless of their enslavement status, were not citizens but "a separate class of persons."

The 14th Amendment's impact on Black Americans was significant. Before the amendment, Black Americans lived in a legal limbo following the Civil War. While they were no longer slaves, they did not automatically gain citizenship or civil rights. The 14th Amendment changed this by granting citizenship to formerly enslaved people and ensuring that all citizens, regardless of race, were entitled to equal protection under the law. This amendment closed the door on schemes to make the U.S. exclusively a white man's country.

However, the promise of the 14th Amendment was not immediately realized for Black Americans. Despite the amendment's guarantees, they continued to face significant challenges and discrimination. Legal challenges and Supreme Court rulings undermined the protections of the 14th Amendment, allowing racial segregation and relegating Black people to second-class citizenship. White supremacists used violence, terror, and voter suppression to maintain control in southern states.

The struggle for Black Americans to secure their rights and full participation in American society continued well into the 20th century. Organizations like the National Association for the Advancement of Colored People and individuals like W.E.B. DuBois led efforts to combat racial discrimination and disenfranchisement. The 14th Amendment's legacy is a reminder that while legal protections are essential, they must be continually enforced and upheld to ensure the rights and freedoms of all citizens are respected and protected.

It is worth noting that the 14th Amendment's citizenship clause has exclusions. It does not apply to children born to diplomatic representatives of foreign states, children of alien enemies in hostile occupation, or children subject to tribal laws. Additionally, the amendment has been interpreted to exclude from birthright citizenship those born in the U.S. but not "subject to the jurisdiction thereof," such as children of parents who are not U.S. citizens or lawful permanent residents.

The 15th Amendment granted African American men the right to vote

The 13th Amendment, enacted in 1865, abolished slavery, and the 14th Amendment, ratified in 1868, granted citizenship to African Americans. However, it was the 15th Amendment, passed by Congress on February 26, 1869, and ratified on February 3, 1870, that granted African American men the right to vote.

The 15th Amendment was a significant step towards racial equality in the United States. Before the Civil War, slavery was a dominant institution, and even after emancipation, African Americans continued to face discrimination and disenfranchisement. The 15th Amendment was seen by many as the fulfillment of promises made to African Americans during Reconstruction after the Civil War.

The right to vote was not immediately extended to all African Americans. The 15th Amendment specifically addressed the voting rights of African American men, and it was not until the 19th Amendment was ratified in 1920 that women, including African American women, gained the right to vote. Despite the 15th Amendment, African Americans continued to face obstacles to voting, including literacy tests, "grandfather clauses", and other forms of disenfranchisement written into the laws of former Confederate states.

The struggle for voting rights for African Americans continued for over a century after the 15th Amendment. In 1965, President Lyndon B. Johnson urged Congress to pass the Voting Rights Act, which abolished remaining deterrents to exercising the right to vote and authorized federal supervision of voter registration. This was in response to reports of discriminatory voting practices in many Southern states, demonstrating that the 15th Amendment alone was not enough to ensure equal voting rights for African Americans.

The history of the 15th Amendment highlights the ongoing struggle for racial equality in the United States. While it was a significant step forward, it also reveals that rights that are gained can also be taken away or undermined, as seen in the subsequent efforts to restrict the voting rights of African Americans.

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Black Codes imposed restrictions on daily life, regulating work, family and socialising

The Black Codes were a set of laws that imposed severe restrictions on the daily lives of Black people, particularly in the antebellum South, where free Black people were not considered citizens. These laws regulated various aspects of their lives, including work, family, and socialising, with the ultimate goal of removing them from the country.

One of the primary ways the Black Codes controlled the lives of Black people was by restricting their right to own property, conduct business, buy and lease land, and move freely through public spaces. Vagrancy laws were a central element of these codes, criminalising men who were unemployed or engaged in work not recognised by whites. Black people were also heavily taxed, with special taxes imposed on free Black tradesmen, men, and women. For example, in 1820, Charleston, South Carolina, authorised a $1 tax on free Black men found wearing a pocket watch. Failure to pay these taxes could result in vagrancy charges.

The Black Codes also placed stringent controls on the movement of Black people. They needed passes and white sponsors to travel or leave town, and their gatherings and church services were monitored by authorities and local officials. In North Carolina, for instance, slaves were restricted from leaving their plantations and faced severe punishment if they did so without a pass.

The impact of the Black Codes was far-reaching, effectively placing Black people under surveillance and codifying their status as a permanent underclass. Even after the Black Codes were repealed, Black Americans continued to face regulations that relegated them to second-class citizens, enduring racial discrimination, segregation, and the constant threat of removal or exile. The fight for equal rights and citizenship spanned generations, with the 14th Amendment, which granted birthright citizenship, and the Civil Rights Act of 1964 serving as pivotal milestones in this ongoing struggle.

Black activists fought against the removal of Black people from the US

During the drafting of the US Constitution, Black people were considered "three-fifths" of a person, rather than full citizens. Despite this, Black activists have fought against racial oppression and the removal of Black people from the US since the early 19th century.

In the 1820s, Black Americans faced formidable forces that sought their removal from the nation. Colonization societies pressured Black people to relocate to Africa, Canada, or the Caribbean, and imposed "black laws" restricting various aspects of daily life, including work, family, and social activities. The ultimate goal was the removal of Black people from the US, referred to as "self-deportation", exile, or banishment.

Black activists understood the threat of removal and drew parallels with the forced relocation of tens of thousands of Native Americans from their lands. During an 1831 convention, they highlighted how proponents of colonization viewed Black people in the same way that Georgia viewed the Cherokee Nation. The Dred Scott v. Sandford case further emphasized the precarious status of Black Americans, as the Supreme Court declared that no Black person, whether free or enslaved, could be a citizen of the US.

The passage of the 14th Amendment in 1868 was a significant step towards protecting the rights of Black Americans. It established birthright citizenship and guaranteed constitutional rights, regardless of race. However, in the following decades, legal challenges and Supreme Court rulings undermined the protections afforded by the 14th Amendment, leading to racial segregation and the relegation of Black people to second-class citizenship.

Throughout the 1950s and 1960s, the civil rights movement gained momentum with non-violent protests, boycotts, and freedom rides. Organizations like the National Association for the Advancement of Colored People (NAACP) and the National Urban League, along with activists like Rosa Parks and leaders like Martin Luther King Jr., played pivotal roles in challenging segregation and discrimination. The 1965 Voting Rights Act prohibited the use of literacy tests and other methods to exclude Black Americans from voting, significantly increasing their political representation.

Black activists have continued to fight against systemic racism and the ongoing struggle for equality. The Black Lives Matter movement, for example, has compelled Americans to confront the legacy of white supremacy and social injustice. While there have been significant milestones in civil rights legislation, the fight for full citizenship and equality for Black Americans remains ongoing.

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