Eleanor Finch
The US Constitution's stance on slavery has been a topic of debate for centuries. While the document never explicitly mentions slavery or slaves, it includes several clauses that implicitly address the institution, such as the Three-Fifths Clause, the Fugitive Slave Clause, and the ban on Congress ending the slave trade for 20 years. Many of the framers of the Constitution harbored moral qualms about slavery, but they prioritized political unity and compromised to protect slaveholding interests. The Constitution gave the federal government the power to put down slave rebellions and implicitly recognized slavery by counting three-fifths of each state's slave population toward that state's total population for representation purposes, effectively giving Southern states with large slave populations more power. The 13th Amendment, passed in 1865, officially abolished slavery in the United States, but the legacy of slavery and its impact on the Constitution continue to shape the nation's history and legal system.
| Characteristics | Values |
|---|---|
| Avoided using the words "slave" or "slavery" | The words "slave" or "slavery" were not used in the Constitution. |
| Three-Fifths Clause | The Three-Fifths Clause 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 Southern states more power. |
| Ban on Congress ending the slave trade for 20 years | Congress was prohibited from banning the importation of slaves until 1808. |
| Fugitive Slave Clause | A slave who was bound by the laws of their home state remained a slave even if they fled to a non-slavery state. |
| Slave insurrections | The federal government was given the power to put down domestic rebellions, including slave insurrections. |
| Abolition of slavery | The 13th Amendment, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. |
| Restricted other forms of bound labor and servitude | The 13th Amendment also restricted indentured servitude and peonage. |
| Empowered Congress to make laws against modern forms of slavery | The 13th Amendment has been invoked to empower Congress to make laws against modern forms of slavery, such as sex trafficking. |
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What You'll Learn
The US Constitution's ambiguous language on slavery
The US Constitution, in its original form, did not contain the words "slave" or "slavery" within its text. However, it did address American slavery in at least five provisions and indirectly protected the institution in other parts of the document. The ambiguity in the language used in the Constitution regarding slavery stems from the framers' conflicted stance on the issue. Many of them had moral qualms about slavery, but they prioritised political unity over immediate abolition. This resulted in key compromises that protected slaveholding interests, such as the Three-Fifths Clause and the Fugitive Slave Clause.
The Three-Fifths Clause, found in Article I, Section 2, Clause 3, stated that three-fifths of each state's slave population would be counted towards that state's total population for the purpose of apportioning the House of Representatives. This gave Southern states with large slave populations greater representation in the House and the Electoral College. The framers viewed this as a compromise to create Congress and determine how slaves were counted for representation and taxation purposes. However, it has been criticised as giving greater power to the Southern states and perpetuating slavery.
The Fugitive Slave Clause, located in Article IV, Section 2, stated 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. This clause reinforced the idea that slaves were property and could be returned to their owners. The Constitution also included a ban on Congress ending the slave trade for 20 years, ensuring the continuation of the slave trade until 1808.
The language used in the Constitution regarding slavery was deliberately ambiguous. The framers avoided direct references to slavery, instead using euphemisms like "persons held to Service or Labour". They believed that slavery was morally wrong and would eventually die out, and they did not want the permanent moral stain on the document. This ambiguity led to differing interpretations, with some arguing that the Constitution was pro-slavery, while others contended that it was anti-slavery.
The issue of slavery was a divisive one, and the framers' attempts to avoid addressing it directly in the Constitution laid the foundation for future conflicts. It was not until the 13th Amendment, passed in 1865, that slavery was officially abolished in the United States. This amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans and provided a final constitutional solution to the issue of slavery.
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The Constitution's indirect protection of slavery
The US Constitution indirectly protected slavery through several clauses. Firstly, the Three-Fifths Clause in Article I, Section 2, Clause 3, counted three-fifths of each state's slave population towards its total population for the purpose of representation in the House of Representatives and the Electoral College. This gave Southern states with large slave populations greater political power. The Constitution also included a ban on Congress ending the slave trade for 20 years, preventing early attempts to abolish slavery.
The Fugitive Slave Clause, located in Article IV, Section 2, stated 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. This clause was reinforced by the 1857 Supreme Court case of Dred Scott v. Sandford, which used the Fifth Amendment's definition of slaves as property to undermine abolitionist arguments. Additionally, the Constitution gave the federal government the power to put down domestic rebellions, including slave insurrections, protecting the interests of slaveholders.
The framers of the Constitution deliberately avoided using explicit terms related to slavery, referring to slaves as "persons" or "persons held to Service or Labour". This reflected their moral qualms about slavery and their belief that it would eventually die out, but also their prioritization of political unity over immediate abolition. Their conflicted stance resulted in a document that could be interpreted as both pro-slavery and anti-slavery.
While the Constitution indirectly protected slavery, it also created a central government with the potential power to abolish it, as demonstrated by Lincoln's use of war powers to issue the Emancipation Proclamation in 1862, freeing slaves in rebel states. The 13th Amendment, passed in 1865, finally abolished slavery in the US, along with other forms of bound labor and servitude.
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The 13th Amendment and the abolition of slavery
The US Constitution, from its inception, was criticised for its implicit recognition of slavery. The infamous Three-Fifths Compromise, for instance, gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Fugitive Slave Clause further 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.
The 13th Amendment, passed by Congress on 31 January 1865 and ratified on 6 December 1865, abolished slavery in the United States. The amendment was passed at the end of the Civil War, before the Southern states had been restored to the Union. It should be noted that President Lincoln recognised that the Emancipation Proclamation, which proclaimed the freedom of slaves in ten states that were still in rebellion, would have to be followed by a constitutional amendment to guarantee the abolishment of slavery.
The 13th Amendment, along with the 14th and 15th, is one of the trio of Civil War amendments that greatly expanded the civil rights of Americans. The official text of the amendment is as follows:
> "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 power to enforce this article by appropriate legislation."
The 13th Amendment was the final answer to the question of slavery in the United States. While it rarely appears in case law, it has been used to strike down peonage and some race-based discrimination. The amendment has also been invoked to empower Congress to make laws against modern forms of slavery, such as sex trafficking.
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The role of Lincoln in ending slavery
The US Constitution implicitly recognised slavery, with provisions such as the Three-Fifths Compromise, which counted three-fifths of each state's enslaved population as part of its free population for the purposes of apportioning seats in the House of Representatives. The Constitution also gave the federal government the power to put down domestic rebellions, including slave insurrections.
Abraham Lincoln is the leader most associated with ending slavery in the United States. Lincoln frequently expressed his moral opposition to slavery, stating, "I am naturally anti-slavery. If slavery is not wrong, nothing is wrong. I can not remember when I did not so think, and feel." Lincoln's personal opposition to slavery is further evidenced by his marriage to Mary Todd, who came to oppose slavery as an adult, and his work as a lawyer representing a black woman, Nance Legins-Costley, and her children who claimed she had already been freed and could not be sold as a slave.
Lincoln's role in ending slavery began in earnest when he became a congressman from Illinois in 1846. During his time in Congress, Lincoln supported the Wilmot Proviso, which would have banned slavery in any US territory won from Mexico, and collaborated with abolitionist Congressman Joshua R. Giddings to write a bill to abolish slavery in the District of Columbia. After leaving Congress in 1849, Lincoln largely ignored politics until he was drawn back by the Kansas-Nebraska Act of 1854, which allowed territories to decide for themselves whether they would allow slavery.
Lincoln's most significant actions towards ending slavery came during his presidency. As president, Lincoln issued the Emancipation Proclamation on January 1, 1863, as the nation approached its third year of civil war. The proclamation declared that "all persons held as slaves" within the rebellious states "are, and henceforward shall be free." However, the Emancipation Proclamation was limited in scope, applying only to states that had seceded from the United States and expressly exempting parts of the Confederacy that had already come under Northern control.
Lincoln recognised that the Emancipation Proclamation would need to be followed by a constitutional amendment to guarantee the abolishment of slavery. He took an active role in ensuring the passage of the 13th Amendment through Congress, insisting that it be added to the Republican Party platform for the 1864 presidential election. Lincoln personally signed the joint resolution, signalling the importance he placed on the amendment. The 13th Amendment, passed by Congress on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States.
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The impact of the 13th Amendment beyond slavery
The 13th Amendment to the US Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. The amendment 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." This marked a significant shift in the nation's history and had several impacts beyond the abolition of slavery.
Firstly, the 13th Amendment expanded civil rights for Americans, particularly those who had been previously enslaved. It guaranteed their freedom and prohibited the practice of chattel slavery, which treated people as property. This expansion of civil rights laid the foundation for further advancements in civil rights and equality in the years to come.
Secondly, the amendment restricted other forms of bound labour and servitude. It empowered Congress to make laws against modern forms of slavery, such as sex trafficking. The 13th Amendment provided a legal framework to address and eradicate these exploitative practices, ensuring that individuals could not be subjected to forced labour or servitude outside of criminal punishment.
Thirdly, the 13th Amendment had a significant impact on the political landscape of the country. It resolved the long-standing issue of slavery, which had been a source of tension between the northern and southern states. By abolishing slavery, the amendment contributed to the unification of the country and the restoration of the Confederate states to the Union. This amendment also altered the representation dynamics in the House of Representatives, as the Three-Fifths Compromise, which granted extra representation to states based on their slave population, was no longer applicable.
Lastly, the 13th Amendment had a ripple effect on the social and economic fabric of the nation. It led to the emancipation of a significant portion of the population, creating a new demographic of freed people. This shift disrupted existing power structures and labour dynamics, particularly in the Southern states, where slavery had been prevalent. The amendment also impacted the economy, as the labour force composition changed, and industries previously reliant on slave labour had to adapt to new forms of labour.
In conclusion, while the primary purpose of the 13th Amendment was to abolish slavery, its impact extended far beyond that. It expanded civil rights, addressed modern forms of slavery, resolved political tensions, and transformed social and economic structures in the United States. The amendment's legacy continues to shape the nation's laws, policies, and societal norms, serving as a foundation for ongoing efforts to promote equality and eradicate all forms of slavery and involuntary servitude.
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Frequently asked questions
The US Constitution did not contain the words "slave" or "slavery" within its text. However, it directly addressed American slavery in at least five provisions and indirectly protected the institution elsewhere. For example, the Three-Fifths Clause 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 Southern states more power. The Constitution also banned Congress from ending the slave trade for 20 years.
The US Constitution gave the federal government the power to put down domestic rebellions, including slave insurrections. It also created a central government powerful enough to eventually abolish slavery. The 13th Amendment to the US Constitution, passed in 1865, abolished slavery in the United States.
Abraham Lincoln argued that the Framers avoided any specific mention of slavery in the Constitution because they did not want a permanent moral stain on the document. Lincoln contended that the American Founding and its Constitution put slavery "in the course of ultimate extinction". Stephen Douglas, on the other hand, did not take a stance on whether slavery was good or bad. He believed that the people had the right to decide whether or not to own slaves.
The specific clauses in the US Constitution related to slavery were the Three-Fifths Clause, the ban on Congress ending the slave trade for 20 years, the Fugitive Slave Clause, and the slave insurrections.
