Isabella Carter
The US Constitution has been interpreted in many ways since its inception, with the issue of slavery being a key example of this. The Constitution's authors omitted the term slavery and the distinction between person and property, which some argue protected the institution of slavery. The Three-Fifths Clause, for example, gave southern states more representation in the House of Representatives and extra votes in the Electoral College. The Fugitive Slave Clause and the Importation of Persons Clause are other examples of provisions that implicitly supported slavery. The Constitution's ambiguous language regarding equality and its failure to address slavery explicitly left room for interpretation, resulting in the systemic racism and segregation of Jim Crow laws in the 20th century. The differing views of liberals and conservatives on issues such as the death penalty, gun rights, and religious involvement in government further illustrate how the Constitution's interpretation has evolved over time.
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What You'll Learn
The Three-Fifths Clause
Slaveholding states wanted their entire population to be counted to determine the number of Representatives they could send to Congress. Free states wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. The Three-Fifths Compromise counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives, giving the Southern states extra representation. This compromise was struck to resolve the impasse between the North and the South, with the North wanting slaves to count for more for taxation purposes, and the South wanting slaves to count for more for representation in Congress.
The Three-Fifths Compromise was a contentious issue, with many delegates opposed to slavery proposing that only free inhabitants of each state be counted. The compromise reduced the representation of slave states relative to the original proposals, but it still gave them an advantage over the Northern position. The tie of this compromise to taxation induced slave states to accept it, as it reduced the burden of taxation on them.
The Three-Fifths Compromise had a significant impact on the future of the United States. Historian Garry Wills has speculated that without the additional slave-state votes, Thomas Jefferson would have lost the presidential election of 1800. The Compromise also contributed to the eventual Civil War, as aspects of the Constitution were subject to significant debate by abolitionists before the war.
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The Slave Trade Clause
> "We have seen the mere distinction of colour made in the most enlightened period of time, a ground of the most oppressive dominion ever exercised by man over man."
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Fugitive Slave Clause
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, is Article IV, Section 2, Clause 3 of the United States Constitution. The clause requires that a "person held to service or labour" (usually a slave, apprentice, or indentured servant) who flees to another state must be returned to their master in the state from which they escaped. The text does not use the words "slave" or "slavery", instead referring to "service or labour".
The clause was created in response to the issue of fugitive slaves during and after the American Revolutionary War. Under the Articles of Confederation, there was no way to compel free states to capture fugitive slaves and return them to their masters, and there was little discussion of the issue at the Constitutional Convention. The Fugitive Slave Clause was unanimously approved by the Convention without debate, despite objections from James Wilson and Roger Sherman, who argued that it would oblige the state to seize fugitive slaves at public expense.
The Supreme Court interpreted the Fugitive Slave Clause as granting slave owners the right to seize and repossess their slaves in another state, as granted to them by the local laws of their own state. State laws that penalised such a seizure were deemed unconstitutional. The enforcement provisions of the Fugitive Slave Act of 1793 were strengthened as part of the Compromise of 1850.
The Fugitive Slave Clause was effectively nullified by the Thirteenth Amendment, which abolished slavery, rendering the clause mostly irrelevant. The Thirteenth Amendment was ratified by the legislatures of three-fourths of the states, and certified by Secretary of State Seward in December 1865.
The Constitution has been criticised as a pro-slavery document, with abolitionist William Lloyd Garrison famously burning it and calling it "a covenant with death and an agreement with Hell". Thurgood Marshall, the first African American to sit on the Supreme Court, also criticised the document, stating that it was "defective from the start" as it laid a foundation for tragic events by sidestepping the issue of slavery.
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The Founding Fathers' beliefs
The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, southern states like South Carolina and Georgia would refuse to join the Union.
However, many of the Founding Fathers, including the framers, also harbored moral qualms about slavery. Some, such as Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies. James Madison, often referred to as the "Father of the Constitution," criticized slavery early in the Constitutional Convention, stating:
> "We have seen the mere distinction of colour made in the most enlightened period of time, a ground of the most oppressive dominion ever exercised by man over man."
Another Virginian, George Mason, who owned hundreds of slaves, spoke out against slavery, fearing that it would bring "the judgment of heaven on a country." Similarly, Luther Martin of Maryland, a slaveholder, argued during a debate in 1787 that the slave trade was inconsistent with America's republican ideals and dishonored the American character.
The Three-Fifths Clause, found in Article I, Section 2, provided that apportionment of representatives would be based on the population of free persons, excluding "Indians not taxed" and "three-fifths of all other persons." The "other persons" referred to the African slaves who made up a significant portion of the Southern states' population. This clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Importation Clause, or the Slave Trade Clause, in Article I, Section 9, prohibited the federal government from banning the importation of "persons" for 20 years after the Constitution took effect. This clause was a compromise between Southern states, where slavery was crucial to the economy, and states contemplating or having accomplished abolition.
The Fugitive Slave Clause, in Article IV, Section 2, required that escaped slaves be returned to their owners, even if they had fled to a state where slavery was illegal.
While these clauses protected slavery, the Constitution also created a central government with the potential power to eventually abolish the institution. The framers' beliefs and compromises on slavery laid the foundation for future conflicts and interpretations, with some arguing that the Constitution was pro-slavery, while others contended that it put slavery ""in the course of ultimate extinction."
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The Thirteenth Amendment
The text of the Thirteenth Amendment states: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Congress shall have the power to enforce this article by appropriate legislation." This Amendment was the first explicit mention of slavery in the Constitution, barring every person from holding slaves or engaging in other forms of involuntary servitude.
Despite its significance, the Thirteenth Amendment is not frequently invoked in case law. However, it has been used to strike down peonage and race-based discrimination, such as in housing and public transportation, considered "badges and incidents of slavery". The Amendment has also been interpreted by the Supreme Court in cases like Hodges v. United States (1906) and Corrigan v. Buckley (1922), shaping the understanding of protected freedoms and conspiracies to deprive citizens of their liberties.
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Frequently asked questions
The Slave Trade Clause, or the "Importation of Persons Clause", is outlined in Article 1, Section 9, Clause 1 of the US Constitution. It prohibited the federal government from limiting the importation of "persons" into states where it was allowed by existing state governments, for 20 years after the Constitution took effect.
The Three-Fifths Clause, outlined in Article 1, Section 2, Paragraph 3, states that apportionment of representatives would be based on the population of free persons, excluding "Indians not taxed" and “three-fifths of all other persons”. The "other persons" referred to the African slaves who comprised around a third of the Southern states' population.
The Fugitive Slave Clause, Article IV, Section 2, Clause 2, states that a person who is held for labour or service in one state, and escapes to another, must be returned to the claimant. This clause avoids the use of the word "slavery".
The Constitution protected slavery by avoiding the use of the word "slavery" and "slave", and by including clauses such as the Three-Fifths Clause, which gave extra representation to Southern states in the House of Representatives and extra votes in the Electoral College.
