Simone Lawson
The framers of the US Constitution banned the federal government from outlawing the Atlantic slave trade for 20 years, and included a fugitive slave clause requiring the return of runaway slaves to their owners. The framers also banned the public from electing the president, instead opting for a body of electors selected by the states. The framers banned senators from being directly elected by voters, and gave the president authority to conduct foreign relations. They also banned the public from influencing the judiciary and Congress.
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What You'll Learn
The Three-Fifths Compromise
Slaveholding states wanted their entire population to be counted to determine the number of Representatives those states could elect and send to Congress. Free states wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. A compromise was struck to resolve this impasse. The 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, effectively giving the Southern states more power in the House relative to the Northern states. This gave slaveholders similarly enlarged powers in Southern legislatures, and this was an issue in the secession of West Virginia from Virginia in 1863.
> Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a term of Years, and excluding Indians not taxed, three fifths of all other Persons.
The three-fifths ratio was proposed by James Madison, and was first proposed as an amendment to the Articles of Confederation in 1783. This amendment would have changed the basis for determining the wealth of each state, and hence its tax obligations, from real estate to population, as a measure of ability to produce wealth. However, this amendment ultimately failed, falling two states short of the unanimous approval required to amend the Articles of Confederation.
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Fugitive Slave Clause
The Fugitive Slave Clause, also known as the Slave Clause or the Fugitives From Labour Clause, was Article IV, Section 2, Clause 3 of the United States Constitution. The clause required the return of runaway slaves to their owners. It 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 clause was approved unanimously and without debate, despite objections from James Wilson and Roger Sherman. The Fugitive Slave Clause was also included in the Northwest Ordinance of 1787, which abolished slavery in the Territory.
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 such as South Carolina and Georgia would refuse to join the Union.
The Fugitive Slave Clause was effectively nullified by the Thirteenth Amendment, which abolished slavery. However, it has been noted that the clause may still apply to people who are "held to service or labour under limited circumstances".
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Federal power to put down rebellions
The framers of the US Constitution banned the federal government from regulating the Atlantic slave trade for 20 years. This was a compromise made with southern delegates, who agreed to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels. The Constitution also included a fugitive slave clause, requiring the return of runaway slaves to their owners.
The Constitution gave the federal government the power to put down rebellions and carry on war. This included the power to call out the militia in the case of civil war, as well as the power to suppress insurrection. This power was delegated to the President by an act of February 28, 1795, and was upheld as constitutional. The militia could also be used to aid the national government in emergencies.
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 such as South Carolina and Georgia would refuse to join the Union. However, by avoiding the issue of slavery, the framers laid the groundwork for future conflict.
The three-fifths clause in the Constitution 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. This clause also had significant implications for the future of slavery in the United States.
The federal government's power to put down rebellions was intended to address issues of sectional tension and ensure the enforcement of laws and treaties. The framers of the Constitution created a model of government that divided federal authority between the legislative, judicial, and executive branches, with checks and balances in place.
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A directly elected president
The framers of the US Constitution banned the use of the word "slave" in the document, instead using the Three-Fifths Compromise, 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 20 years and included a fugitive slave clause requiring the return of runaway slaves to their owners.
The framers of the Constitution did not want the president to be directly elected by the people. Instead, they wanted a body of electors selected by the states to choose the president. The framers were wary of centralised power and loyal to their states, and they wanted to protect the interests of the federal government. They also wanted to shield the judiciary from populist influence and ensure that federal judges had political independence.
The framers wanted a weak presidency and a strong legislature, with the Senate handling important issues and the Executive attending to matters of lesser consequence. They created a model of government that relied on checks and balances by dividing federal authority between the legislative, judicial, and executive branches. The framers tried to insulate Congress from populist pressures, with senators selected by state legislators rather than directly elected by voters.
The framers also wanted to limit the relative political influence of the voting public, particularly through their control over state governments. They believed that the government was created to protect property, not redistribute it. The framers tried to address populism by giving the chief executive veto power over legislation and keeping the House of Representatives relatively small to limit its populist inclinations.
The framers of the Constitution were concerned about the deficiencies of the Articles of Confederation, which gave the Confederation Congress power but no enforcement powers, and the ability to regulate commerce or print money. They wanted to create a powerful central government that could conduct foreign relations and address sectional tensions.
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A bill of rights
The framers of the US Constitution banned the use of the word "slave" in the document, recognising that it would sully the document. However, the Constitution did include protections for slavery, including the notorious 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 Congress from outlawing the Atlantic slave trade for 20 years and included a fugitive slave clause requiring the return of runaway slaves to their owners.
The framers of the Constitution were concerned about the weaknesses of the central government under the Articles of Confederation, which had no enforcement powers, could not regulate commerce, and could not print money. The framers created a federal government with more specific powers, particularly in relation to conducting foreign relations. They established a system of checks and balances by dividing federal authority between the Legislative, Judicial, and Executive branches. The framers also wanted to limit the political influence of the voting public and protect the interests of property owners. They ensured that the president was selected by a body of electors chosen by the states, rather than by individual voters, and gave the Executive branch veto power over legislation.
The framers of the Constitution also banned any restrictions on the Atlantic slave trade for 20 years in exchange for the support of southern delegates for a strong central government. They believed that concessions on slavery were necessary to maintain the Union and that if they restricted the slave trade, states like South Carolina and Georgia would refuse to join.
The Constitution was ratified in 1789 and has served as the basis of the US government since then. However, it faced opposition from Anti-Federalists who fought against it because it created a powerful central government and lacked a bill of rights. Elbridge Gerry and George Mason refused to sign the Constitution due to the absence of a bill of rights, but their efforts were unsuccessful, and the Constitution was ratified without one.
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Frequently asked questions
The framers of the US Constitution did not ban anything per se, but they did compromise on the Atlantic slave trade. In exchange for a 20-year ban on any restrictions on the trade, the federal government was given the power to regulate it.
The framers tried to limit the influence of populism on the federal government. They ensured that the president was selected by a body of electors, not individual voters. They also gave the president the power to veto legislation.
The framers wanted to protect the interests of the federal government, particularly in relation to taxation and the enforcement of federal treaties. They also wanted to protect the property of the propertied and creditor classes.
