Isabella Carter
The United States Constitution, drafted in 1787, was a remarkable document that established a federal government with three independent branches, including a representative legislature and a federal judiciary. However, it had significant shortcomings in terms of representation. The consent of the governed only included propertied white men, excluding women, Native Americans, and other racial minorities. Women were considered second-class citizens, lacking the right to vote until the 19th Amendment was passed in 1920. Native Americans were excluded from the constitutional system, governed by federal treaties and statutes that dispossessed them of their land and autonomy. Additionally, the Constitution protected slavery and legalized racial subordination for over seven decades. The absence of a Bill of Rights, which was opposed by Federalists, was a significant point of contention, leading to intense debates and the formation of Anti-Federalist groups.
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What You'll Learn
Women
At the time the Constitution was written, women were considered second-class citizens, often treated as the property of their husbands and with no right to vote. The Constitution's use of the word "persons" instead of "men" is seen by some as evidence that women were intended to be included in its protections. Additionally, women were introduced in the early debates about representation in the House of Representatives, indicating that they were part of the discussions surrounding the creation of the Constitution.
However, others argue that the omission of women from the Constitution was intentional and that they were not meant to be part of the political community it created. The absence of a specific declaration or bill of individual rights in the original Constitution meant that it did not explicitly protect the rights of all citizens. The lack of a bill of rights turned out to be an obstacle to the Constitution's ratification by the states, with Anti-Federalists refusing to support it without one due to fears of a strong centralized government.
It was not until 1920, with the passing and ratification of the 19th Amendment, that women gained the right to vote in the United States. This marked a significant step forward in recognizing the political rights of women and their inclusion in the democratic process.
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Native Americans
The US federal government recognised American Indian tribes as independent nations and entered into policy agreements with them via treaties. However, as the US expanded westward, there was growing internal political pressure for "Indian removal". The Civil War also fuelled a "full-bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate.
The US Constitution specifically mentions American Indians three times. Article I, Section 2, Clause 3, and Section 2 of the Fourteenth Amendment address the handling of "Indians not taxed" in the apportionment of seats. The Fourteenth Amendment, Section 2 amends the apportionment of representatives in Article I, Section 2, and these provisions are summarised in three principles of US Indian law: territorial sovereignty, plenary power doctrine, and the trust relationship.
While Native Americans were not represented by the Constitution, it is theorised that the US Constitution was influenced by the political systems of Native American nations, particularly the Iroquois Confederacy. In 1988, Congress passed a resolution formally acknowledging this influence, which reads:
> The confederation of the original 13 colonies into one republic was influenced by the political system developed by the Iroquois Confederacy, as were many of the democratic principles incorporated into the constitution itself.
The resolution also reaffirmed "the continuing government-to-government relationship between Indian tribes and the United States established in the Constitution", recognising the legitimacy and sovereignty of Native nations and their governments.
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People without property
The United States Constitution was remarkable, but it had its flaws. One of the most glaring issues was that it did not apply to everyone. The "consent of the governed" only included propertied white men. This meant that people without property were not represented by the Constitution.
The absence of a bill of rights was a significant obstacle to the Constitution's ratification by the states. The Anti-Federalists, who were afraid of a strong centralized government, refused to support the Constitution without a bill of rights. They argued that the lack of a bill of rights would result in the government having too much power and infringing on individual liberties.
The Bill of Rights, when it was eventually passed, was written in broad language that appeared to exclude no one. However, in practice, it did not protect all people equally. Whole groups were left out, including women and Native Americans.
Women were considered second-class citizens and were essentially the property of their husbands. They did not have the right to vote until 1920 when the 19th Amendment was passed and ratified. Native Americans were entirely outside the constitutional system and were defined as alien people within their own land. They were governed by federal treaties and statutes that stripped tribes of their land and autonomy.
The Constitution, for the first 78 years after its ratification, also protected slavery and legalized racial subordination. It took nearly 135 years for Congress to grant Native Americans U.S. citizenship.
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Non-white people
The United States Constitution, originally ratified in 1787, was a significant event in the country's history. However, it notably excluded several groups, including non-white people, from its representation. This omission highlights the inequalities prevalent during the formation of the US government. Here is a detailed examination of how non-white people, specifically, were not represented by the Constitution:
Enslaved Individuals
One of the most glaring omissions in the Constitution's representation was the exclusion of enslaved individuals. Despite the fact that their status and rights were key topics of discussion, enslaved people did not have a voice in the Constitutional Convention. Their absence underscores the injustice of forming laws and governance without the input of those most affected by these decisions. The Southern delegates advocated for strengthening the constitutional supports for slavery, while the Northern delegates sought to weaken them. The infamous “three-fifths" compromise, or Article I, Section 2, Clause 3, stated that slaves would be counted as three-fifths of a person for representation purposes, reflecting the dehumanizing view of enslaved individuals.
Free Men of Color
Free men of color, while not enslaved, also lacked representation at the Constitutional Convention. Their exclusion highlights the broader issue of racial inequality during that time. Even after the 14th Amendment, which granted equal rights to all citizens regardless of race, white southerners violently opposed Black civil rights.
Native Americans
Native Americans, or "taxed Indians" as mentioned in the Constitution, were also not adequately represented. While they were included in the “whole number of free persons,” they faced significant discrimination and exclusion in practice. The Northwest Ordinance, for example, mentioned provisions related to "free male inhabitants," excluding women and non-white individuals from the definition of electors.
African Americans
While the 14th Amendment, passed in 1868, extended liberties and rights to formerly enslaved people, African Americans continued to face significant discrimination. The Cruikshank ruling in 1876 allowed state legislatures to pass laws restricting the citizenship rights of African Americans, and violent opposition to Black civil rights persisted in the South.
In conclusion, the Constitution's failure to represent non-white people, including enslaved individuals, free men of color, Native Americans, and African Americans, underscores the deep-rooted inequalities in the formation of the United States government. These omissions had lasting consequences, and it wasn't until much later that amendments and legal challenges began to address these injustices.
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People without a bill of rights
The United States Constitution was intended to establish a more perfect union, to ensure domestic tranquility, and to secure the blessings of liberty for its citizens. However, the Constitution, as originally written, did not extend these rights to all people. Several groups were left out and were not adequately represented.
One of the most notable groups excluded from the Constitution's protections was women. Women were considered second-class citizens and were treated as the property of their husbands. They were not granted the right to vote until 1920 with the passage of the 19th Amendment. Native Americans were also excluded from the constitutional system. They were defined as alien people within their own land and were governed by federal treaties and statutes that often stripped them of their land and autonomy. It took nearly 135 years for Congress to grant Native Americans U.S. citizenship.
Additionally, the Constitution initially protected slavery and legalized racial subordination. The "consent of the governed" only applied to propertied white men, and the absence of a bill of rights made it difficult to protect the liberties of all individuals. Anti-Federalists, who opposed the Constitution, argued for the inclusion of a bill of rights to safeguard individual liberties. They believed that a strong central government could infringe upon these rights. Despite their efforts, the Constitution was adopted without a bill of rights, and it took four more years of debate to resolve the issue.
The lack of representation for certain groups in the Constitution had significant consequences. It allowed for discrimination, the violation of rights, and the marginalization of entire communities. The process of amending the Constitution and expanding its protections to include all people has been a long and ongoing struggle, with organizations like the American Civil Liberties Union (ACLU) and the NAACP playing pivotal roles in challenging constitutional violations and advocating for equal rights for all.
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Frequently asked questions
The Anti-Federalists were those who opposed the Constitution. They attacked on several fronts, including the lack of a bill of rights, direct taxation, and the loss of state sovereignty. They believed the Constitution represented the interests of aristocratic politicians. Notable Anti-Federalists include George Clinton, Patrick Henry, and Samuel Bryan.
The Anti-Federalists criticised the Constitution for lacking a bill of rights to protect individual liberties. They also believed that Congress was not large enough to adequately represent the people within the states.
The Anti-Federalists failed to prevent the adoption of the Constitution. However, their efforts were not entirely in vain. The debates vindicated the importance of freedom of speech and press in achieving national consensus. The Bill of Rights was eventually passed to protect individual liberties, such as freedom of religion, speech, equal treatment, and due process of law.
