Isabella Carter
The US Constitution's relationship with slavery is a complex and contentious issue. The document, drafted in 1787, did not include the word slavery but contained several clauses that implicitly recognised and protected the institution of slavery. The Three-Fifths Compromise, for instance, counted three-fifths of each state's enslaved population as part of its total population for representation purposes, giving Southern states extra representation in the House of Representatives and the Electoral College. The Fugitive Slave Clause required that escaped slaves be returned to their owners, and Article 1, Section 9, prohibited Congress from banning the importation of slaves until 1808. The framers of the Constitution believed that concessions on slavery were necessary to maintain support for a strong central government. However, this compromise laid the foundation for future conflicts, and it took a Civil War and constitutional amendments, including the Thirteenth Amendment, to eventually abolish slavery in the United States.
| Characteristics | Values |
|---|---|
| Abolition of slavery | The 13th Amendment to the U.S. Constitution, passed in 1865, abolished slavery in the United States |
| Protection of slavery | The Constitution included provisions that protected the institution of slavery, such as the Three-Fifths Compromise and the Fugitive Slave Clause |
| Popular sovereignty | The idea that the people have the right to decide whether to own slaves |
| Expansion of liberty and equality | The Northwest Ordinance, the Missouri Compromise, and other measures contributed to the spread of liberty and equality in the new nation |
| Gradual abolition | Some states implemented gradual emancipation schemes, and there was growing support for the abolition of slavery over time |
| International pressure | International treaties and pressure from countries like the United Kingdom influenced the regulation and abolition of slavery |
| Civil War | The Civil War and constitutional amendments were necessary to ultimately eliminate slavery |
| Racial inequalities | Racial inequalities stemming from slavery have persisted throughout American history |
Explore related products
What You'll Learn
The US Constitution's 'biggest flaw'
The US Constitution, drafted in 1787, has been criticised for its treatment of slavery. The document, which sought to put "slavery in the course of ultimate extinction", included several provisions that protected the institution of slavery.
One of the most notable examples is the Three-Fifths Clause (Article 1, Section 2, Clause 3), which provided that three-fifths of each state's enslaved population would be counted for purposes of representation in Congress and apportioning taxes. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College, effectively protecting the interests of slave-owning states. The word "slave" was notably absent from the Constitution, with the framers instead using terms like "persons" to refer to those who were enslaved.
Another provision that protected slavery was Article 1, Section 9, Clause 1, also known as the Slave Trade Clause or the Importation of Persons Clause. This clause prohibited the federal government from banning the importation of "persons" until 20 years after the Constitution took effect in 1808. While this clause did not explicitly mention slavery, it was understood that the "persons" referred to enslaved African persons. This provision was a compromise between the Southern states, where slavery was a vital part of the economy, and the Northern states, where abolition was gaining momentum.
The Fugitive Slave Clause (Article 4, Section 2) is another example of how the Constitution protected slavery. This clause required that escaped slaves be returned to their owners, further entrenching the institution of slavery.
The Constitution's failure to address slavery directly and its protection of the institution have been criticised as its biggest flaw. Thurgood Marshall, the first African American Supreme Court justice, described the Constitution as "defective from the start" due to its omission of the majority of Americans from the phrase "We the People". The framers' decision to avoid directly addressing slavery left the seeds for future conflict, as the issue of slavery would eventually lead to the Civil War and the need for constitutional amendments to abolish it.
The Last Line: Understanding the Preamble's Conclusion
You may want to see also
The Confederate Constitution
The Constitution of the Confederate States of America, also known as the Confederate Constitution, was a document deeply rooted in inequality and freedom for whites only. The Confederacy rejected universal principles in favour of power and domination, reserving rights that the government was bound to respect exclusively for white people. The Confederate Constitution of 1861 stated: "No law denying or impairing the right of property in negro slaves shall be passed".
DACA and DAPA: Unconstitutional or Legal?
You may want to see also
The Northwest Ordinance
The Ordinance enshrined various legal and property rights, religious tolerance, and educational encouragement. It included the right of habeas corpus, freedom of religion, and bans on excessive fines and cruel and unusual punishment. Importantly, it prohibited slavery in the territory, establishing the Ohio River as the geographic divide between slave states and free states. However, it also contained a fugitive slave clause, which allowed slaveholders to reclaim escaped slaves.
Enlightenment Ideals: Framing the US Constitution
You may want to see also
Explore related products
The Missouri Compromise
The Kansas-Nebraska Act's repeal of the Missouri Compromise sparked violence between pro- and anti-slavery settlers in "Bleeding Kansas", delaying Kansas' admission to the Union. The controversy surrounding the repeal and the Supreme Court's declaration that the Missouri Compromise was unconstitutional in the Dred Scott v. Sandford decision in 1857 increased tensions over slavery and contributed to the American Civil War.
The Abortion Debate: Is It in the Constitution?
You may want to see also
The 13th Amendment
> "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."
The Constitution's Missing Pieces: Founders' Exclusions
You may want to see also
Frequently asked questions
Yes, the new Constitution protected the institution of slavery. Article 1, Section 9, prohibited Congress from banning the importation of slaves until 1808, and Article 5 prohibited this from being amended. Article 1, Section 2, provides that, for purposes of representation in Congress, enslaved black people in a state would be counted as three-fifths of the number of white inhabitants of that state. Article 4, Section 2, contains the “fugitive slave clause”, which required that an escaped slave be returned to their owner.
The Constitution temporarily strengthened slavery by providing it with legal protections. However, it also created a central government powerful enough to eventually abolish the institution.
The Constitution did not ban the slave trade. Article 1, Section 9, Clause 1, prohibited the federal government from limiting the importation of "persons" until 20 years after the Constitution took effect. This was a compromise between Southern states, where slavery was pivotal to the economy, and states where the abolition of slavery had been accomplished or was contemplated.
The Constitution laid the foundation for the abolition of slavery. During and after the Civil War, Americans ended slavery constitutionally. Abraham Lincoln issued the Emancipation Proclamation as a war measure, and the Thirteenth Amendment, passed in 1865, ended slavery in the United States forever.
