Omar Bennett
The United States Constitution has been criticised for its use of racist and gendered language, which undermines its promise of equality. The 13th Amendment, for example, abolished slavery, but the Fugitive Slave Clause, which requires escaped slaves to be returned to their masters, remains in the Constitution. The Constitution also counts a slave as three-fifths of a person. While some argue that the Constitution's language should not matter as women can run for office and Black people are full citizens, others argue that this language creates a hierarchy of citizenship and does not reflect modern values of equality and inclusion. In 2025, the National Archives and Records Administration (NARA) posted a Harmful Language Alert on its website for US government documents, including the Constitution, warning of racist, sexist, ableist, misogynistic, and xenophobic opinions and attitudes.
| Characteristics | Values |
|---|---|
| Racist and gendered language | |
| Obsolete and outdated language | |
| Fugitive Slave Clause | Requires escaped slaves to be returned to their masters |
| 13th Amendment | Abolishes slavery |
| 14th Amendment | Guarantees that no state shall "deny to any person within its jurisdiction the equal protection of the laws" |
| "We the People" | Argued to mean just white people |
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What You'll Learn
The 13th Amendment and Fugitive Slave Clause
The 13th Amendment to the U.S. Constitution, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery and prohibited the enslavement of all races. The Amendment changed a portion of Article IV, Section 2, also known as the Fugitive Slave Clause.
Before the 13th Amendment, the Fugitive Slave Clause stated that slaves held under the laws of one state who escaped to another state did not become free but remained slaves. This meant 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 Fugitive Slave Clause effectively denied freedom to those who sought it by escaping to another state.
The 13th Amendment rendered the Fugitive Slave Clause largely moot, as it explicitly abolished slavery and prohibited involuntary servitude within the United States and any place subject to its jurisdiction. It also restricted several other forms of bound labour, such as indentured servitude and peonage. The Amendment ensured that the newly-emancipated slaves would remain free after the Confederacy's defeat, addressing a question that had remained unanswered during the Emancipation Proclamation.
Despite the 13th Amendment, some forms of slavery persisted. For example, slavery continued in areas under the jurisdiction of Native American tribes beyond ratification. Additionally, the Amendment did not annul contracts for the sale of enslaved persons entered into before ratification, as seen in court cases such as Boyce v. Tabb and Osborn v. Nicholson. Furthermore, W. E. B. Du Bois wrote in 1935 that slavery had not been abolished even after the 13th Amendment, as freed slaves remained on the same plantations, doing the same work, and receiving meagre wages.
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The 14th Amendment
Additionally, the amendment includes the phrase "equal protection of the laws," which has been central to several landmark cases addressing racial discrimination, reproductive rights, and gender discrimination. This clause ensures that no state can deny any person within its jurisdiction equal protection under the law, guaranteeing that all citizens are entitled to the same legal rights and protections regardless of race, gender, or other factors.
Despite the noble intentions of the 14th Amendment, it has not always been effective in preventing racial discrimination. Southern white opponents of Black citizenship maintained discrimination through violence and state legislation, and policies such as forced racial segregation and the incarceration of Japanese-Americans during World War II were found to be consistent with the Constitution.
Furthermore, a loophole in Section 2 of the amendment allows states to deny the right to vote for "participation in rebellion or other crime," which has been used to justify felony disenfranchisement and suppress the votes of minority groups.
In conclusion, while the 14th Amendment was a significant step towards racial justice and equality, it has faced challenges and interpretations that have limited its effectiveness in addressing racial discrimination and protecting the rights of all citizens.
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Racist interpretations of We the People
The preamble to the US Constitution, "We the People", has been interpreted by some as having racist undertones. This interpretation suggests that the rights recognized in the Constitution were intended to apply only to white people. In 2025, a law student at the University of Florida, Preston Damsky, received an award for his essay claiming that the Constitution, created in 1787, was meant to protect only white citizens. This interpretation, based on the "original intent" of the Framers, has been criticized by many, including a lawyer with 50 years of experience, who expressed bewilderment at how the essay could have received a passing grade.
The Constitution has been criticized for its gendered and racist language, which undermines its proclaimed promise of equality. While the 14th Amendment guarantees that no state shall "deny to any person within its jurisdiction the equal protection of the laws," the Constitution still counts a slave as "three-fifths" of a person. The 13th Amendment, which abolishes slavery, retains the Fugitive Slave Clause, requiring escaped slaves to be returned to their masters. These clauses stand as reminders of America's history of slavery and the original sin it represents.
The National Archives and Records Administration (NARA) has recognized the presence of harmful language in the Constitution, issuing a "Harmful Language Alert" on its website. NARA's warning extends to other documents like the Bill of Rights and the Declaration of Independence, acknowledging the potential for racist, sexist, ableist, misogynistic, and xenophobic interpretations. The Archivist's Task Force on Racism Report from April 2021 further criticizes the marginalization of BIPOC, women, and other communities in the founding narratives.
Despite these criticisms, some argue that the Constitution's language should not be a focus of concern. They suggest that, regardless of the language, women can run for office and Black persons are full citizens of the United States. However, this perspective fails to consider the impact of such language on schoolchildren studying the Constitution in civics courses. The outdated and offensive language can create a hierarchy of citizenship, making some students feel less welcome in their own country and internalizing a sense of unjust treatment.
The interpretation of "We the People" as exclusively referring to white people is not only historically inaccurate but also contradicts the very purpose of the Constitution. The separation of state and federal governmental powers was intended to preserve the freedom of all citizens, regardless of race. The 14th Amendment, ratified in 1868, further solidified the understanding that the Constitution protects all citizens, dispelling any notion of exclusivity.
In conclusion, the racist interpretation of "We the People" is not only factually incorrect but also detrimental to the values of equality and inclusion that the Constitution strives to uphold. While it is important to acknowledge the presence of harmful language in the Constitution, it is crucial to recognize that the document has evolved through amendments to reflect modern values of equality and freedom for all citizens.
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The Constitution's impact on schoolchildren
The United States Constitution does not explicitly mention or guarantee the right to public education. However, it has been used to shape educational policies and curricula, impacting schoolchildren across the nation. The 14th Amendment's equal protection clause, for instance, formed the basis for the landmark 1954 Brown v. Board of Education decision. This Supreme Court ruling declared that separate educational facilities for black and white students were inherently unequal, setting in motion the dismantling of racial segregation in schools. This case demonstrated how the Constitution could be leveraged to promote equal educational access and opportunities for all students, regardless of race.
While the Constitution does not directly address education, it does play a role in shaping the federal government's involvement in this area. The 10th Amendment states that powers not delegated to the United States by the Constitution are reserved for the states, seemingly limiting federal oversight of education. However, the 14th Amendment's equal protection clause again comes into play, requiring all states to provide equal protection of the laws to any person within their jurisdiction. This clause has been applied to educational issues, allowing the federal government some influence over educational policies and ensuring that all students have access to equal educational opportunities.
Additionally, the Constitution's influence extends to the language of instruction in schools. While the Constitution itself is written in English, there have been debates and efforts to designate English as the official language of the United States. This has implications for students with limited English proficiency and their access to equal educational opportunities. The federal government's role in promoting unity and a shared American culture through a common language can impact the language of instruction in schools and, consequently, the educational experiences of students.
In conclusion, while the Constitution may not explicitly mention education, it has had a significant impact on schoolchildren in the United States. From shaping policies around racial segregation and equal educational access to influencing debates on parental rights and language of instruction, the Constitution continues to play a pivotal role in defining the educational landscape and the experiences of schoolchildren across the nation.
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The Constitution's outdated language
The United States Constitution is a document that protects the rights and liberties of its citizens. However, it contains outdated and offensive language that undermines its promise of equality. The Constitution was created in 1787, and at the time, the framers and electorate were all white males. As such, the language used in the document is inherently gendered and racially oriented.
One example of racist language in the Constitution is the Fugitive Slave Clause, which requires escaped slaves to be returned to their masters. This clause remains in the Constitution, serving as a reminder of America's history of slavery and racial oppression. Additionally, the Constitution still counts a slave as "three-fifths" of a person, despite the 13th Amendment's abolition of slavery.
The gendered and racist language in the Constitution has been criticised for creating a hierarchy of citizenship and sending a message of exclusion to some citizens. This is particularly impactful on schoolchildren who may internalise these messages when studying the document in civics classes. The Constitution's outdated language stands in contrast to the values of equality and inclusion that it should promote.
While some argue that the Constitution's language should not be changed, as it reflects the historical context in which it was written, others believe that updating the language is necessary to ensure that all citizens feel represented and valued. The Constitution should be a document that celebrates equality and inclusion, and reflects the modern values of American society.
The National Archives and Records Administration (NARA) has recognised the harmful language in the Constitution by posting a "Harmful Language Alert" on its website. NARA's Archivist's Task Force on Racism Report also criticised the exclusion of BIPOC, women, and other marginalised communities in the Rotunda of their flagship building. These steps acknowledge the outdated and offensive language in the Constitution and the need for a more inclusive and accurate representation of America's founding history.
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Frequently asked questions
The US Constitution contains racist and gendered language that undermines the promise of equality it upholds. For example, the 13th Amendment abolished slavery, but the Fugitive Slave Clause, which requires escaped slaves to be returned to their masters, remains in the Constitution.
The First Congress debated whether a constitutional amendment should entail changes to the original text. They chose to record changes as sequential amendments to the end of the document rather than deleting obsolete texts.
The racist language in the Constitution creates a hierarchy of citizenship. Schoolchildren may feel unwelcome in their own country when they read the Constitution in their basic civics course.
There are calls to update the language in the Constitution to reflect modern values of equality and inclusion. The National Archives and Records Administration (NARA) has posted a "Harmful Language Alert" on its website for government documents, including the Constitution.
When the Norwegian Constitution was adopted in 1814, it included clauses that excluded Jews and monastic orders from the Kingdom. This language has since been removed, and the Norwegian Constitution has been updated to reflect modern values.
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