Malcolm Rivera
The US Constitution, drafted in 1787, has been criticised for its ethical loopholes regarding slavery. The document, which was written for an agrarian slave society, does not include the word 'slave' or 'slavery' in its provisions, despite the fact that slavery was a major component of the economy and society in the United States at the time. The Constitution's protection of the institution of slavery is considered by many to be its biggest flaw. This protection was achieved through several clauses, including the Three-Fifths Clause, the Fugitive Slave Clause, and the Importation of Persons Clause, which together ensured the continuation of slavery in the United States and contributed to the outbreak of the Civil War.
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What You'll Learn
The Constitution's protection of slavery
The US Constitution, drafted in 1787, has been criticised for its protection of slavery. The document was written for an agrarian slave society, and many of its provisions served to uphold the institution of slavery.
Firstly, the Constitution's use of the phrase "We the People" excluded a majority of Americans, including slaves. While the word "slave" does not appear in the Constitution, the infamous "Three-Fifths Clause" in Article 1, Section 2, Paragraph 3, provided that enslaved African Americans would be counted as three-fifths of a person when apportioning representation. This gave Southern states, where slaves made up around a third of the population, extra representation in the House of Representatives and extra votes in the Electoral College.
Article 1, Section 9, Clause 1, also known as the "Importation of Persons Clause", prohibited the federal government from limiting the importation of "persons" for 20 years after the Constitution took effect. This clause was a compromise between Southern states, where slavery was pivotal to the economy, and other states where abolition was contemplated or had been accomplished.
The "Fugitive Slave Clause" in Article IV, Section 2, Clause 2, required that any person escaping the service or labour of one state must be returned to their owner. This clause was enforced by the federal government, and additional fugitive slave laws were passed in the 19th century.
It took a Civil War and the ratification of the Thirteenth Amendment in 1865 to finally abolish slavery in the US. However, the amendment still permitted labour as punishment for convicted criminals, and racial inequalities persist in American society today.
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The Three-Fifths Clause
The clause, found in Article 1, Section 2, Paragraph 3 of the Constitution, provided that apportionment of representatives would be based on the population of free persons, excluding "Indians not taxed" and "three-fifths of all other persons." The "other persons" referred to the African slaves who comprised around one-third of the Southern states' population at the time.
The inclusion of the Three-Fifths Clause in the Constitution has been a subject of controversy and ethical debate. Some scholars argue that it reflected the Founders' racism and their intention to protect slavery. Others suggest that the Founders were aware of the immorality of slavery but prioritized unity and the larger goal of securing independence for the United States. The Three-Fifths Clause was a compromise that aimed to balance the interests of the Northern and Southern states, but it ultimately perpetuated the institution of slavery and contributed to the sectional tensions that led to the Civil War.
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The Fugitive Slave Clause
The inclusion of this clause in the Constitution was controversial and had significant implications for enslaved individuals and free Black communities in the North. It enabled the kidnapping of free African Americans, who were then illegally enslaved, as illustrated by the case of Solomon Northup, a free man abducted and enslaved for twelve years. The broad language of the clause and its enforcement mechanisms facilitated systemic abuse and the entrenchment of slaveholder power.
Resistance to the enforcement of the Fugitive Slave Clause grew in the North during the 19th century, particularly after the enactment of the Fugitive Slave Act of 1850. Northern states responded by passing "personal liberty laws" to protect their Black residents from kidnapping and provide procedural safeguards for accused fugitives. The increasing tension over the enforcement of the clause contributed to the polarisation of public opinion and ultimately led to the Civil War.
The Thirteenth Amendment to the United States Constitution, ratified after the Civil War, abolished slavery "except as a punishment for crime," rendering the Fugitive Slave Clause largely irrelevant. This amendment marked a significant step towards ending slavery in the United States and addressed the ethical loopholes that had been apparent in the Constitution during the slavery era.
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The Importation of Persons Clause
The clause was no longer relevant after 1808, when it expired. However, it played a significant role in shaping the early history of the United States. During the 20-year period between the adoption of the Constitution and 1808, popular support for the abolition of the slave trade and slavery itself grew, both within the United States and internationally. The United Kingdom and other countries passed legislation restricting the slave trade, increasing pressure on the US to do the same.
In 1806, President Thomas Jefferson encouraged Congress to pass legislation ending the importation of slaves. The following year, Congress passed the Slave Trade Act of 1807, which prohibited the outfitting of ships for the slave trade and regulated the coastwise trade. On January 1, 1808, the importation of slaves into the United States was finally outlawed.
Despite the eventual abolition of the slave trade, it is important to recognise the ethical loopholes and compromises that were made during the drafting of the Constitution. The Importation of Persons Clause is a stark reminder of the complex and contentious history of slavery in the United States and the challenges faced in the pursuit of equality and justice.
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The Slave Trade Clause
The clause prohibited the federal government from limiting the importation of "persons" into states that allowed it, until 20 years after the Constitution took effect, i.e. 1808. The "persons" referred to here were understood to be enslaved African persons. This clause was a compromise between Southern states, where slavery was pivotal to the economy, and states that had abolished or were contemplating abolishing slavery. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of Southern delegates for a strong central government. Indeed, delegates from South Carolina and Georgia threatened that their states would not join the Union if there were restrictions on the Transatlantic Slave Trade.
The omission of the word "slave" from the Constitution, and specifically from the Slave Trade Clause, demonstrates an attempt to sidestep the issue of slavery, which would ultimately lead to future conflict.
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