Constitution's Impact On People Of Color: What You Need Know

The US Constitution has undergone a series of amendments since its inception, with the rights of people of colour being a key area of focus. Despite the existence of black slavery and its persistence for many years, the Constitution has evolved to accommodate a different societal order for the descendants of former slaves. The Fourteenth Amendment, for instance, guarantees citizenship and equal protection under the law for all persons born or naturalized in the US, regardless of race. This marked a significant shift towards racial equality, though challenges and debates around citizenship and civil rights for people of colour remain ongoing.

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The 14th Amendment and citizenship

The 14th Amendment to the US Constitution, ratified in 1868 after the Civil War, established birthright citizenship for anyone born on US soil. The Citizenship Clause, found in Section 1 of the Amendment, states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This clause was originally intended to confer citizenship on formerly enslaved persons, but it has been interpreted to apply to anyone born in the United States, regardless of race or nationality.

The 14th Amendment has had a significant impact on the rights of African Americans. After the abolishment of slavery in 1865, southern states passed laws known as Black Codes, which restricted the civil rights of newly freed African Americans. In response, African Americans organized conventions across the South to protest these codes and petition Congress for equal rights. The 14th Amendment provided a legal basis for these demands, as it prohibits states from making or enforcing any law that abridges the privileges or immunities of US citizens. It also guarantees due process of law and equal protection under the law.

The Amendment's birthright citizenship principle was upheld by the US Supreme Court in 1898 in United States v. Wong Kim Ark. In this case, the Court ruled that the 14th Amendment grants citizenship to a person born in the United States to non-citizen parents. This decision challenged the previous understanding that only those of white race could become naturalized citizens. The Court further affirmed the protection of citizenship under the 14th Amendment in Affroyim v. Rusk, ruling that Congress cannot strip a US citizen of their citizenship.

While the 14th Amendment has been pivotal in securing citizenship and equal rights for people of color, it is important to note that it has not ended discrimination or fully addressed the complexities of citizenship. For example, Native Americans were not legally declared US citizens until the Indian Citizenship Act of 1924, and debates continue over the scope of the limiting clause regarding those "subject to the jurisdiction" of the United States. Additionally, the Amendment does not specify the rights associated with state and national citizenship, leaving questions about the acquisition and implications of these citizenships unanswered.

The three-fifths clause

The Three-Fifths Compromise was a compromise between Southern politicians who wanted enslaved Black people to be counted as 'persons' for congressional representation, and Northern politicians who rejected these demands out of concern for too much power for the South. The compromise was reached as the new Congress would be based on population, in contrast to the one-vote-for-one-state principle in the earlier Continental Congress.

The Three-Fifths Compromise was in force until the post-Civil War 13th Amendment freed all enslaved people in the United States, the 14th Amendment gave them full citizenship, and the 15th Amendment granted Black men the right to vote. The freeing of all slaves made the Three-Fifths Clause moot.

The Three-Fifths Compromise has often been used to defame the Constitution and label it as a severely flawed and racist contract. However, some historians have argued that the clause was ambivalent towards slavery, reflecting an anti-slavery sentiment among the document's drafters.

The Civil War and emancipation

The US Constitution, crafted by the nation's Founding Fathers, was a document designed to establish a new system of government and outline the rights and liberties of the American people. However, it also contained compromises and provisions that perpetuated and sanctioned the institution of slavery, reflecting the complex and contentious issue of slavery during the nation's formative years.

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Voting rights and the 15th Amendment

The 15th Amendment to the US Constitution, which was ratified in 1870, states that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." This amendment was enacted to protect the voting rights of African American men after the Civil War and during the Reconstruction Era. Despite this amendment, however, people of color, particularly African Americans, have faced numerous barriers to exercising their right to vote throughout US history.

One of the main challenges has been the enforcement of the 15th Amendment. In the decades following its ratification, Southern states enacted laws and practices that effectively disenfranchised African American voters, including literacy tests, poll taxes, and violent intimidation tactics. These discriminatory measures were often enforced through violence and terrorism perpetrated by groups such as the Ku Klux Klan. The federal government's failure to adequately enforce the 15th Amendment during this period allowed these discriminatory voting practices to persist.

It wasn't until the civil rights movement of the mid-20th century that significant progress was made in securing voting rights for people of color. In 1965, the Voting Rights Act was passed, prohibiting discriminatory voting practices and establishing federal oversight over states with a history of voter suppression. This legislation, along with subsequent legal challenges and civil rights victories, helped to expand voting access and protect the rights of racial minorities.

Despite these advancements, voting rights for people of color continue to face challenges in the United States. In recent years, there has been a wave of new voting restrictions and legislative efforts that disproportionately impact racial minorities. These include strict voter ID laws, reductions in early voting periods, and purges of voter rolls. While proponents argue that these measures are necessary to prevent voter fraud, critics argue that they disproportionately disenfranchise people of color, the elderly, and low-income individuals.

Ensuring equal access to the ballot box remains an ongoing struggle for people of color. It requires continued vigilance, advocacy, and legal protections to overcome historical and contemporary barriers to voting. The 15th Amendment, while a critical foundation for voting rights, is just one piece of the puzzle. A comprehensive understanding of voting rights includes recognizing the need for proactive measures, such as expanding voting access, promoting civic engagement, and addressing systemic barriers that hinder political participation for marginalized communities.

In conclusion, the 15th Amendment is a cornerstone of voting rights for people of color in the United States. While it guarantees the right to vote regardless of race or previous servitude, the struggle for equal voting access has been an ongoing battle. People of color, particularly African Americans, have had to overcome a legacy of discrimination, violence, and disenfranchisement. Through the civil rights movement and the passage of the Voting Rights Act, significant progress was made. However, ongoing challenges and contemporary voting restrictions underscore the need for continued efforts to protect and expand voting rights for all eligible citizens, ensuring that the promise of the 15th Amendment is fully realized.

The Constitution and women of colour

The Constitution of the United States has evolved since its inception in 1787, with amendments and social transformations shaping its interpretation and impact on people of colour and women of colour. While the Constitution was intended to protect the rights of individuals, it initially fell short in guaranteeing the rights of women and people of colour due to the absence of explicit mentions of race, gender, and slavery.

The original Constitution did not include the words "race," "colour," "slave," or "slavery," despite these issues being extensively debated during the Constitutional Convention. Instead, circumlocutions such as "person held to service or labour" were used to avoid directly addressing slavery. The infamous "three-fifths clause" in Article I, Section 2, Clause 3, was criticised by Benjamin Hooks and others for its racial quota, reflecting the constitutional status of black slavery at the time.

The Fourteenth Amendment, ratified in 1868, was a significant step towards racial equality. It granted citizenship to all persons born or naturalized in the United States, regardless of race, and prohibited states from denying citizens equal protection under the law. This amendment overturned the 1857 Dred Scott v. Sandford Supreme Court decision, which had declared that no black person could be a citizen of the U.S. and left the individual states to regulate the rights of free African Americans.

However, the Fourteenth Amendment specifically excluded women, and the Fifteenth Amendment, which prohibited denying suffrage based on race, colour, or previous servitude, also omitted them. Despite the efforts of the National Women's Suffrage Association, women's rights were left to the states, and they were not guaranteed property rights or recourse from sexist laws. It was not until the Civil War and the victory of the Republicans that constitutional amendments began to address these inequalities.

The struggle for equal rights for women of colour continued even after the Fourteenth and Fifteenth Amendments. The National Association for the Advancement of Colored People and the National Women's Suffrage Association advocated for the rights of people of colour and women, respectively. The Reconstruction Acts allowed Black men in southern states to vote and hold office, and they helped draft state constitutions guaranteeing equal rights regardless of race and banning racial discrimination in public accommodations.

In conclusion, while the Constitution has undergone significant changes to include and protect the rights of people of colour and women, the journey towards equality for women of colour has been particularly challenging. The interpretation and application of constitutional principles have evolved over time, reflecting the social and political transformations necessary to align the Constitution with its founding promises of liberty, equality, and justice for all.

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