Malcolm Rivera
The original United States Constitution did not contain the words slave or slavery within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. This resulted in key compromises, such as the Three-Fifths Clause and the Fugitive Slave Clause, which protected slaveholding interests. The Constitution's failure to abolish slavery and its protection of the institution are considered by many to be its biggest flaw.
| Characteristics | Values |
|---|---|
| Number of times the word "slavery" is mentioned | 0 |
| Number of times the word "slave" is mentioned | 0 |
| Number of provisions that directly address slavery | 5 |
| Number of clauses that indirectly address slavery | 4 |
| Number of clauses that protected slaveholding interests | 2 |
| Number of clauses that could have been added to enshrine slavery | Several |
| Number of clauses that could have been interpreted as applying to slaves | 0 |
| Number of clauses that could have been interpreted as anti-slavery | Several |
| Number of delegates to the Constitutional Convention who owned slaves | ~25 |
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What You'll Learn
The Constitution's failure to abolish slavery
The United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution in several others. The absence of explicit language condemning slavery and the inclusion of clauses that protected and institutionalised slavery are considered the Constitution's biggest flaw.
The framers of the Constitution held conflicting views on slavery, with some personally opposing it on moral grounds. However, they prioritised political unity over abolition, resulting in key compromises like the Three-Fifths Clause and the Fugitive Slave Clause that protected slaveholding interests. The Three-Fifths Clause, or the "three-fifths compromise," stated 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. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Fugitive Slave Clause, or the "fugitive slave provision," required that an escaped slave be returned to their owner. These clauses, along with the prohibition on Congress banning the importation of slaves until 1808, ensured that slavery remained a national issue deeply embedded in American governance.
The framers deliberately avoided using direct language about slavery in the Constitution, opting for euphemisms like "Person held to Service or Labour." They recognised that explicit references to slavery would sully the document and create moral confrontation. Additionally, many framers believed that slavery would eventually die out, and they wanted to avoid having their names attached to a document that mentioned slavery outright. As Abraham Lincoln later explained, "the thing is hid away in the Constitution, just as an afflicted man hides away a wen or a cancer, which he dares not cut out at once, lest he bleed to death."
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The Constitution's indirect protection of slavery
The Constitution of the United States of America was drafted in 1787 and ratified in 1789. At the time, slavery was banned by the states in New England and Pennsylvania, and by the Congress of the Confederation in the Northwest Territory. However, slaves were present in other states, particularly in the South, where they were forced to work in agriculture.
The Constitution did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution in other parts of the document. The framers of the Constitution consciously avoided using direct language about slavery, instead using euphemisms like "Person held to Service or Labour". Many of them personally opposed slavery on moral grounds, but they prioritized political unity over abolition. This resulted in key compromises, such as the Three-Fifths Clause and the Fugitive Slave Clause, which protected slaveholding interests.
The Three-Fifths Clause stated 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. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Fugitive Slave Clause, on the other hand, required that an escaped slave be returned to their owner.
The Constitution also prohibited Congress, until 1808, from banning the importation of slaves from outside the United States. This ensured that slavery remained a national issue rather than a state-level concern, embedding it deeper into the fabric of American governance.
In conclusion, while the Constitution did not explicitly mention slavery, it contained several provisions that indirectly protected the institution. These protections were the result of compromises made by the framers, who prioritized political unity over abolition. These compromises ultimately contributed to the entrenchment of slavery and the moral and legal crisis that would lead to the Civil War.
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The Constitution's direct mention of slavery
The US Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution in several other ways.
The framers of the Constitution deliberately avoided using direct language about slavery, instead employing euphemisms like "Person held to Service or Labour." Many of them personally opposed slavery on moral grounds, but they prioritized political unity over abolition, resulting in key compromises that protected slaveholding interests.
One such compromise was the Three-Fifths Clause, which stated 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. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
Another compromise was the Fugitive Slave Clause, which required that escaped slaves be returned to their owners. Additionally, the Constitution prohibited Congress from banning the importation of slaves until 1808, ensuring that slavery remained a national issue.
The framers' conflicted stance toward slavery created a moral and legal crisis that would contribute to the coming of the Civil War. While the Constitution did empower Congress to prevent the spread of slavery and set it on a course of extinction, it also entrenched the institution and made it a central part of American governance.
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The framers' conflicted stance on slavery
The United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution in others. The framers of the Constitution held conflicting views on slavery, and their stance was influenced by both moral and political considerations.
Many of the framers, including some slaveholders, had moral qualms about slavery. For example, James Madison, often referred to as the "Father of the Constitution," attacked slavery early in the Constitutional Convention, stating that the "distinction of colour... [had become] the most oppressive dominion ever exercised by man over man." Similarly, another Virginian, George Mason, who owned hundreds of slaves, spoke out against slavery, arguing that it "discourages arts and manufactures." Gouverneur Morris, also from Virginia, called slavery a "nefarious institution" and the "curse of heaven." John Adams, another founding father, expressed his abhorrence of slavery and advocated for its eventual eradication from the United States. Benjamin Franklin, a former slaveholder, and Alexander Hamilton, who was born in a slave colony, became members of anti-slavery societies.
However, the framers' moral opposition to slavery was often overshadowed by their desire for political unity and the economic and political realities of the time. They believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. The framers were convinced that if the Constitution restricted the slave trade, southern states like South Carolina and Georgia would refuse to join the Union. As a result, they chose to sidestep the slavery issue, which later led to conflict.
The framers' conflicted stance toward slavery is reflected in the Constitution's provisions. On the one hand, clauses like the Three-Fifths Clause and the Fugitive Slave Clause protected slaveholding interests. The Three-Fifths Clause, mentioned in Article 1, Section 2, provided that for representation in Congress, enslaved black people in a state would be counted as three-fifths of the number of white inhabitants. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Fugitive Slave Clause, found in Article 4, Section 2, required that escaped slaves be returned to their owners. These clauses have been interpreted as evidence of the Constitution's pro-slavery stance.
On the other hand, the Constitution also contained provisions that could be interpreted as anti-slavery. For example, Congress was granted the power to make "all needful rules and regulations" for the territories, which many believed authorized the federal government to ban slavery in those territories. Additionally, the Preamble's assertion of securing the blessings of liberty and the Fifth Amendment's guarantee of due process and protection of life, liberty, and property could be construed as supporting the abolition of slavery.
In conclusion, the framers of the Constitution held conflicting views on slavery, influenced by both moral opposition and political pragmatism. Their attempts to navigate this complex issue resulted in a document that, while avoiding explicit references to slavery, contained provisions that both protected and could be used to challenge the institution. The Constitution's ambiguous stance on slavery would have lasting consequences, contributing to the moral, legal, and political crises that led up to the Civil War and the eventual abolition of slavery through constitutional amendments.
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The Constitution's role in abolishing slavery
The original United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution in other parts of the document. The Constitution's framers deliberately avoided using direct language about slavery, instead employing euphemisms like "Person held to Service or Labour." While some of them opposed slavery on moral grounds, they prioritized political unity over abolition, resulting in key compromises like the Three-Fifths Clause and the Fugitive Slave Clause that protected slaveholding interests. These clauses ensured that slavery remained a national issue and entrenched it deeper into the fabric of American governance.
The Three-Fifths Clause, mentioned in Article I, Section 2, Clause 3, stated that three-fifths of a state's slave population would be counted in apportioning representation. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Fugitive Slave Clause, located in Article IV, Section 2, asserted that a slave who was bound by the laws of their home state remained a slave even if they fled to a non-slavery state. Additionally, the Constitution prohibited Congress from banning the importation of slaves until 1808 and required states to return fugitive slaves.
The 13th Amendment to the Constitution, passed in 1865, officially abolished slavery in the United States. It stated that "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 13th Amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans and resolved the central contradiction at the heart of the Founding.
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Frequently asked questions
The word "slavery" is not mentioned in the Constitution.
The word "slave" is also not mentioned in the Constitution.
Yes, the Constitution had at least five provisions that directly or indirectly addressed slavery and the slave trade.
Some of the provisions include the Three-Fifths Clause, the Fugitive Slave Clause, and the prohibition of Congress from banning the importation of slaves until 1808.
The framers of the Constitution deliberately avoided using direct language about slavery due to their conflicted stance on the issue. They prioritized political unity over abolition and used euphemisms like "Person held to Service or Labour" to sidestep the moral confrontation while preserving the institution.
