Eleanor Finch
The U.S. Constitution, signed on September 17, 1787, has been described as both both brilliant and highly flawed. One of the most significant contradictions within the Constitution is the issue of slavery. The founding fathers fought for freedom from economic exploitation, political domination, and physical brutality, yet the Constitution supported the institution of slavery and denied equal political rights to non-property-owning white males and women. This contradiction, deepened by the War of Independence, highlighted the divide between free and enslaved people in the colonies, particularly in the South. While the Constitution has been amended over time, the original document's contradictions continue to impact the interpretation and application of laws in the present day.
| Characteristics | Values |
|---|---|
| Date of signing | September 17, 1787 |
| Contradiction | Offering Americans the promise of freedom, while excluding Black and indigenous people, women, and other marginalized groups |
| Contradiction | Supporting the institution of slavery |
| Contradiction | Not giving equal political rights to non-property-owning white males, denying them and women the right to vote |
| Contradiction | Gödel's Loophole, which would permit American democracy to be legally turned into a dictatorship |
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What You'll Learn
- The US Constitution's inner contradiction, Gödel's Loophole, could allow a dictatorship
- The Constitution supported slavery, despite the country's values of freedom
- The Constitution denied women the right to vote
- The Constitution did not give equal political rights to non-property owning white males
- The role of race and racial discrimination in the Constitution
The US Constitution's inner contradiction, Gödel's Loophole, could allow a dictatorship
The US Constitution, as it stands, provides the tools, resources, and principles to ensure full equality and opportunity for everyone in the country. However, critics argue that the Constitution has been interpreted restrictively, hindering the realisation of equal justice and opportunity. One of the most significant contradictions within the Constitution was the existence of slavery, with the new country fighting for freedom from oppression while upholding the institution of slavery and denying equal political rights to non-property-owning white males and women.
This contradiction, between the moral values of the Declaration of Independence and the immorality of slavery, is a key example of the Constitution's inner contradictions. Additionally, the Constitution has been criticised for its treatment of Native peoples, framing them as noncitizens and unwilling subjects, and for its contradictory capacity regarding the Equal Protection Clause. The Constitution has also been described as amoral due to its lack of unamendability provisions, which protect the core tenets of democracy.
Gödel's Loophole refers to an alleged "inner contradiction" within the US Constitution, which could potentially allow for the legal transformation of American democracy into a dictatorship. However, it is important to note that no constitution can solely prevent a determined despot from seizing power with the support of the military and security apparatus. While the US Constitution has significant structural issues, they have not completely undermined its foundation.
The US Constitution has indeed endured and evolved over the years, with amendments improving upon the original document. However, it continues to grapple with fundamental contradictions, such as those related to race and equality. The Constitution's ability to accommodate divergent commitments and mediate between liberatory commitments and subordinating impulses has characterised its history.
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The Constitution supported slavery, despite the country's values of freedom
The US Constitution, signed on September 17, 1787, has been described as a document that "beautifully articulated the notion that government’s power flows from the people". However, it has also been criticised for its inherent contradictions, particularly its support for slavery despite the country's values of freedom.
The Constitution's authors left out a distinction between person and property, ultimately protecting slavery as an institution. While the word "slave" does not appear in the Constitution, the framers consciously avoided the word, and instead included three clauses relating to slavery after much debate and compromise. The most abhorrent of these, according to many scholars, was the Fugitive Slave Clause (Article 4, Section 2), which required that an escaped slave be returned to their owner. This clause implicated the federal government and its officers in the active protection of people as property.
The Constitution also included the notorious three-fifths clause, which counted three-fifths of a state's slave population when apportioning representation. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The framers believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, some states simply would not join the Union.
The protection of slavery in the Constitution has been described as its "biggest flaw". It contradicted the country's values of freedom and equality, and led to tragic events in the country's history, including the Civil War. Despite this, some have argued that the Constitution's power to prohibit the slave trade would eventually lead to the abolition of slavery. The Constitution created a central government that was powerful enough to end the institution, and it also provided a framework for future amendments and improvements.
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The Constitution denied women the right to vote
The United States Constitution, adopted in 1789, left the boundaries of suffrage undefined. While the Constitution neither granted nor denied women the right to vote, it was left to the individual states to decide voter qualifications.
In the nascent years of the United States, only five of the original state constitutions explicitly noted that the right to vote belonged exclusively to men. However, by 1807, every state constitution had denied women even limited suffrage. New Jersey was the only state where women could exercise the right to vote. Between 1800 and 1806, at least 75 women voted in state and congressional elections in Upper Penns Neck Township. However, in 1807, New Jersey reversed its stance on women's voting rights due to growing fears over the political influence of women.
The women's suffrage movement gained momentum in the mid-19th century, and in 1848, the Seneca Falls Convention in New York adopted the Declaration of Sentiments, which called for equality between the sexes and included a resolution urging women to secure the vote. Two rival suffrage organizations formed in 1869: the National Woman Suffrage Association (NWSA) and the American Woman Suffrage Association (AWSA). The NWSA, led by Elizabeth Cady Stanton and Susan B. Anthony, argued for universal suffrage and opposed the proposed 15th Amendment, which granted Black men the right to vote before white women. The AWSA, led by Lucy Stone, supported the 15th Amendment and focused on a state-by-state strategy to achieve women's suffrage.
In the late 19th century, new states and territories, particularly in the West, began to grant women the right to vote. Wyoming territory granted women the right to vote in 1869, followed by Utah, Washington, and Montana during the 1870s and 1880s. In the decade leading up to the 19th Amendment's passage, 23 states granted women full or partial voting rights through a series of successful campaigns.
Finally, in 1920, the 19th Amendment extended voting rights to women as it prohibited the U.S. and states from denying the right to vote based on sex. The amendment enfranchised 26 million American women in time for the 1920 U.S. presidential election. However, it is important to note that the 19th Amendment did not fully eradicate the systemic racism that pervaded the South, and it took several more decades for women of color to gain the right to vote in certain regions.
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The Constitution did not give equal political rights to non-property owning white males
The US Constitution, signed on September 17, 1787, has been described as both both "brilliant and highly flawed". One of its most significant contradictions was its failure to extend equal political rights to non-property-owning white males.
The Constitution originally left it to the states to determine who was qualified to vote in elections. For decades, state legislatures restricted voting rights to white males who owned property. This meant that non-property-owning white males were excluded from the political process, despite the Declaration of Independence's assertion that "all men are created equal".
By the end of the 1820s, attitudes and state laws had shifted in favor of universal white male suffrage. The 1828 presidential election was the first in which non-property-owning white males could vote in most states. However, property ownership was not the only barrier to voting for non-property-owning white males. Tax-paying qualifications, religious restrictions, and literacy tests were also used to limit voting rights.
Despite the expansion of voting rights to include non-property-owning white males, the Constitution continued to exclude other groups, such as women, African Americans, and indigenous people. It was not until the passage of the Fifteenth Amendment after the Civil War that voting rights could not be denied on the basis of race. Even then, former Confederate states passed Jim Crow laws that effectively disenfranchised black and poor white voters through poll taxes and literacy tests. Women did not gain the right to vote until the ratification of the Nineteenth Amendment in 1920.
The contradiction between the Constitution's promise of liberty and equality and its failure to extend equal political rights to non-property-owning white males highlights the complex and evolving nature of the document. Over time, the Constitution has been amended and improved, but it still falls short of fully realizing the ideals of equality and justice for all. Building political will and appointing justices committed to upholding human rights and equality remain ongoing challenges in striving for a more inclusive and just political system.
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The role of race and racial discrimination in the Constitution
The US Constitution has been amended several times to address racial discrimination. The Thirteenth, Fourteenth, and Fifteenth Amendments enshrined equality before the law for all citizens as a fundamental right, and the various civil rights acts have sought to redeem this promise for all Americans.
The Fourteenth Amendment, ratified in 1868 after the Civil War, was intended to stop states from discriminating against blacks and to confer both national and state citizenship on them. It forbade states from depriving "any person of life, liberty, or property, without due process of law" or denying "any person... the equal protection of the laws." The Fifteenth Amendment (1870) prohibited the denial of the right to vote based on race.
Despite these amendments, racial discrimination against blacks and other minorities persisted in the United States. During the era of Reconstruction, Black Americans' political rights were affirmed by three constitutional amendments and numerous laws passed by Congress. However, state governments passed legislation that codified inequality between the races, such as laws requiring separate schools for children of each race and extending segregation to most public and semi-public facilities through "Jim Crow" laws.
The Supreme Court's interpretation of the amendments and civil rights acts was narrow throughout the nineteenth and much of the twentieth centuries. The Court rejected the view that the amendments changed the historical relationship between the states and the central government. In 1883, the Supreme Court struck down the Civil Rights Act of 1875, ruling that the Fourteenth Amendment did not give Congress the authority to prevent discrimination by private individuals.
In the case of Plessy v. Ferguson (1896), the Supreme Court upheld a Louisiana state law that allowed for "equal but separate accommodations for the white and colored races." This ruling was a setback for racial equality and was opposed by the Black community. However, the Civil Rights Act of 1964 was a landmark piece of legislation that outlawed discrimination based on race, color, religion, sex, and national origin. It prohibited racial segregation in schools and public accommodations and employment discrimination.
While the Constitution is colour-blind, citizens are not, and racial discrimination remains an American dilemma. The role of race and racial discrimination in the Constitution has been a complex and evolving issue, with ongoing debates about affirmative action and the consideration of race in university admissions, employment, and government contracting.
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Frequently asked questions
The most significant contradiction within the US Constitution was its support for the institution of slavery, despite the nation's founding values of freedom from economic exploitation, political domination, and physical brutality.
This contradiction led to the oppression of Black people, with Southern slaves remaining in bondage and many Northern Black people also losing their freedom. It also resulted in the denial of equal political rights for non-property-owning white males and women.
The Constitution has been amended over time to improve and address its fundamental contradictions. However, critics argue that more reforms are needed, especially in the process of appointing Supreme Court justices, to ensure the full realization of human rights and equality.
Another contradiction is Gödel's Loophole, which suggests the Constitution could allow American democracy to legally become a dictatorship if those in power acquire support from the military and security apparatus.
Understanding the historical context, including the role of race and racial discrimination, is crucial to comprehending the Constitution's contradictions. Critical Race Theory emphasizes the importance of studying these aspects to gain a deeper understanding of the nation's founding and the ongoing struggle for equal justice and human rights.
