Malcolm Rivera
The original text of the Constitution did not specifically refer to slavery, but it also did not outlaw it. Instead, it included protections for slavery, such as the three-fifths clause, which counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. The Constitution also prohibited amendments prior to 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade.
| Characteristics | Values |
|---|---|
| Did the Constitution specifically refer to slavery? | No, but it did include the Fugitive Slave Clause, which granted the owner of a person held to service or labour the right to their return. |
| Did the Constitution protect slavery? | Yes, it included the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. It also prohibited Congress from outlawing the Atlantic slave trade for twenty years. |
Explore related products
What You'll Learn
The Three-Fifths Compromise
It is important to note that, despite these protections for slavery, the Constitution's original text did not specifically refer to slavery. For example, the Fugitive Slave Clause did not use the term "slave" but instead granted the owner of a person held to service or labour the right to their return.
While the Three-Fifths Compromise and other aspects of the Constitution protected slavery, it was not until the 13th Amendment to the Constitution in 1865 that slavery was officially abolished in the United States. Even after this, however, slavery has continued to be permitted in some states as a form of criminal punishment, with 19 states currently having constitutions that explicitly permit either slavery, involuntary servitude, or both as punishment for a crime.
The First Amendment: Understanding America's Fundamental Freedoms
You may want to see also
The Fugitive Slave Clause
The Constitution’s original text did not specifically refer to slavery. However, it did include a Fugitive Slave Clause, which did not employ the term 'slave' but instead granted the owner of a person held to service or labour the right to reclaim them if they escaped to another state. This was Article IV, Section 2, Clause 3, which stated that:
> No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
The Constitution also included other protections for slavery. The three-fifths clause counted three-fifths of a state’s slave population in apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. The Constitution prohibited Congress from outlawing the Atlantic slave trade for twenty years, and gave the federal government the power to put down domestic rebellions, including slave insurrections.
The Constitution's Democratic Roots: Examining Its Early Foundations
You may want to see also
The Constitution's limitations on Congress's power
The Constitution did not specifically refer to slavery, but it did not outlaw it either. Instead, it gave protections to slavery, such as the three-fifths clause, which counted three-fifths of a state's slave population when apportioning representation. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Constitution also prohibited Congress from outlawing the Atlantic slave trade for twenty years and included a fugitive slave clause, which required the return of runaway slaves to their owners.
Article V of the Constitution, while not mentioning slavery specifically, prohibited amendments prior to 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade or levy certain taxes on land or slaves.
The First Missouri Constitution: A Lengthy Historical Document
You may want to see also
Explore related products
$19.36 $19.95
The Atlantic slave trade
The original text of the Constitution did not specifically refer to slavery, but it also did not outlaw it. Instead, it gave protections to the practice. For example, the Constitution prohibited Congress from outlawing the Atlantic slave trade for twenty years. It also included a fugitive slave clause, which required the return of runaway slaves to their owners. The Constitution gave the federal government the power to put down domestic rebellions, including slave insurrections.
Article V, while not mentioning slavery specifically, prohibited amendments prior to 1808 that would have affected the Constitution’s limitations on Congress’s power to restrict the slave trade.
The framers of the Constitution believed that concessions on slavery were the price for the support of southern delegates for a strong central government.
It was not until 1842 that a state, Rhode Island, explicitly abolished slavery without exception in its constitution.
Schaffler Diagram: The First Constitution Diagram?
You may want to see also
The Federal Convention of 1787
Instead, the Constitution included provisions that protected and perpetuated slavery. The Three-Fifths Compromise, for example, counted three-fifths of a state's slave population when apportioning representation, giving Southern states with large slave populations greater representation in the House of Representatives and the Electoral College. Additionally, Article V prohibited amendments before 1808 that would have affected the Constitution's limitations on Congress's power to restrict the slave trade.
The Fugitive Slave Clause, while not using the term "slave", granted the owner of a person held to service or labour the right to their return if they escaped. This effectively required the return of runaway slaves to their owners. The Constitution also gave the federal government the power to put down domestic rebellions, including slave insurrections.
The framers of the Constitution believed that concessions on slavery were necessary to gain the support of Southern delegates for a strong central government. As a result, slavery was not outlawed in the Constitution, and it continued to be a divisive issue in the United States for many years.
Texas' First Federal Constitution: What Was It?
You may want to see also
Frequently asked questions
No, the Constitution did not outlaw slavery at first. In fact, it gave the federal government the power to put down domestic rebellions, including slave insurrections.
No, the Constitution's original text did not specifically refer to slavery. For example, the so-called Fugitive Slave Clause did not employ the term 'slave' but instead granted the owner of a person held to service or labour the right to their return.
Yes, Rhode Island was the first state to explicitly abolish slavery without exception in its constitution in 1842.
