Simone Lawson
The United States Constitution, written in 1787, has been criticised for excluding several groups of people from its provisions. The Constitution did not mention women, Black people, or Jews, and did not grant them the same rights as white men. Although the document does not explicitly mention slavery, it includes the Three-Fifths Compromise, which counts enslaved individuals as three-fifths of a person for representation and taxation purposes. This gave extra representation in the House of Representatives and extra votes in the Electoral College to the South. Native Americans were also left out of the constitutional system, defined as alien people in their own land.
| Characteristics | Values |
|---|---|
| Black people | The Three-Fifths Compromise counted enslaved individuals as three-fifths of a person for representation and taxation purposes, effectively denying them full humanity. The Constitution also prohibited Congress from outlawing the Atlantic slave trade for twenty years and included a fugitive slave clause that required the return of runaway slaves to their owners. |
| Women | Women were not afforded the same rights as men, particularly political rights. They were unable to vote or hold office until the 19th Amendment was ratified in 1920. |
| Native Americans | Native Americans were not recognised as US citizens and were excluded from the rights granted to citizens under the Constitution. They faced displacement and were subject to laws that undermined their sovereignty and rights. |
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What You'll Learn
- Black people were left out of the US Constitution, with slavery receiving important protections
- Women were not mentioned in the Constitution and were afforded fewer rights than men
- Native Americans were excluded from the rights granted to citizens under the Constitution
- Immigrants were left out of the rights guaranteed by the Constitution
- Jews were not mentioned in the Constitution
Black people were left out of the US Constitution, with slavery receiving important protections
The US Constitution, ratified in 1788, did not restrict citizenship based on race. However, it also did not grant citizenship to Black people. Instead, it counted enslaved people as three-fifths of a person, rather than as full citizens, in state populations. This "three-fifths clause" gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The word "slave" does not appear in the Constitution, as the framers consciously avoided it, recognizing that it would sully the document. Nevertheless, slavery received important protections in the Constitution.
The framers of the Constitution believed that concessions on slavery were the price for the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union. On August 21, 1787, a bitter debate broke out over a South Carolina proposal to prohibit the federal government from regulating the Atlantic slave trade. Luther Martin of Maryland, a slaveholder, said that the slave trade should be subject to federal regulation since the entire nation would be responsible for suppressing slave revolts. He also considered the slave trade contrary to America's republican ideals. John Rutledge of South Carolina responded forcefully, insisting that religion and humanity had nothing to do with the question. Unless regulation of the slave trade was left to the states, the southernmost states "shall not be parties to the Union."
The 13th Amendment, ratified in December 1865, made slavery illegal throughout the United States. However, it did not address other fundamental questions about the status of newly freed African Americans. Were they citizens? Did they have the same rights as other Americans? To resolve these issues, Congress passed the 14th Amendment, which contained key provisions on the definition of citizenship, the protection of civil rights, and the power of the federal government. The 14th Amendment, ratified in 1868, served a revolutionary purpose: to define African Americans as equal citizens under the law. It amended the 3/5ths clause in the Constitution, stating that population counts would be based on the "whole number of persons" in a state—all people would be counted equally.
The 15th Amendment, ratified in 1870, banned voting restrictions based on race. However, even after the 13th Amendment, slavery was not abolished. There were four million freedmen, most of them on the same plantation, doing the same work they did before emancipation, and getting about the same wages. They were still subject to slave codes, modified only in name. In Hodges v. United States (1906), the Court struck down a federal statute providing for the punishment of those who conspired to deprive citizens of their liberty, saying that it was not authorized by the 13th Amendment.
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Women were not mentioned in the Constitution and were afforded fewer rights than men
The United States Constitution, written in 1787, has been criticised for its exclusion of certain groups, including women, Black people, and Jews. While the document does not explicitly mention these groups, its impact on their rights and representation is significant. One of the most notable omissions is the lack of recognition of women as a distinct group, which contributed to the charge that "women were left out of the Constitution".
Women were not mentioned in the original Constitution and were afforded fewer rights than men. They were considered second-class citizens, often treated as the property of their husbands, and were unable to vote or hold political office. This inequality persisted until the ratification of the 19th Amendment in 1920, which granted women the right to vote and marked a significant shift in women's legal status. Before this amendment, women participated in social movements and the women's suffrage movement, but their political rights were limited.
The absence of women in the Constitution reflects a broader historical context in which women were systematically excluded from positions of power and influence. This exclusion was not limited to the United States, but rather reflected a global trend that persisted for centuries. While the 19th Amendment represented a crucial step towards gender equality, it did not immediately erase the deep-rooted cultural and societal biases that contributed to the marginalisation of women.
It is important to recognise that the fight for gender equality did not end with the ratification of the 19th Amendment. Even after gaining the right to vote, women continued to face barriers and discrimination in various aspects of their lives, including education, employment, and social norms. It is only through ongoing efforts to address these inequalities and challenge gender stereotypes that we can strive towards a more equitable future for all.
While the Constitution's omission of women as a distinct group is significant, it is essential to acknowledge that the document also excluded other marginalised groups, such as Black people and Native Americans. The Constitution's impact on these communities cannot be overlooked, as it played a role in perpetuating systemic racism and denying the humanity of those subjected to slavery and discrimination.
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Native Americans were excluded from the rights granted to citizens under the Constitution
The United States Constitution, written in 1787, was designed to ensure that no one was left out and that everyone was treated equally. However, several groups were excluded from the rights granted to citizens under the Constitution. One of these groups was Native Americans.
Native Americans were not recognised as US citizens and were excluded from the rights afforded to citizens. They were considered "alien" in their own land and faced displacement and the undermining of their sovereignty. This exclusion was a result of the belief that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. By avoiding the issue of slavery, the framers of the Constitution laid the groundwork for future conflict.
The Three-Fifths Compromise, included in the Constitution, counted enslaved individuals as three-fifths of a person for representation and taxation purposes, effectively denying their full humanity. This compromise was crucial in the 1800 election, where Thomas Jefferson would have lost without it. The Constitution also included a fugitive slave clause, requiring the return of runaway slaves to their owners, and prohibited Congress from outlawing the Atlantic slave trade for 20 years.
The rights of Native Americans were further undermined by various laws and the power of the federal government to suppress domestic rebellions, including slave insurrections. It wasn't until the Civil Rights Act of 1964 that racial discrimination was directly addressed, impacting the rights of African Americans and other marginalised groups. While the Constitution aimed to protect liberties through a system of checks and balances, the exclusion of Native Americans highlights the limitations of this founding document.
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Immigrants were left out of the rights guaranteed by the Constitution
The United States Constitution, written in 1787, has been criticised for its failures to include certain groups in the rights it guarantees. While the document was designed to ensure that "no one was left out", several groups were effectively excluded from the rights it promised. One of these groups was that of immigrants.
The requirements to become a member of the House and Senate were established by delegates at the 1787 Constitutional Convention. These requirements included age, citizenship, and inhabitancy qualifications. The delegates voted against proposed religion and property requirements. However, the citizenship requirement effectively excluded immigrants from participating in the political process and accessing the rights guaranteed by the Constitution.
The exclusion of immigrants from the rights guaranteed by the Constitution had significant implications for their lives and opportunities in the United States. They faced legal and social barriers that hindered their ability to fully integrate and participate in society. The lack of access to citizenship and the resulting exclusion from constitutional rights created a sense of otherness and inequality for immigrants.
It is important to note that the Constitution has undergone amendments and changes over time to address some of these exclusions. However, the initial omission of immigrants from the rights guaranteed by the Constitution remains a significant aspect of its history and a reminder of the ongoing struggle for equality and inclusion.
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Jews were not mentioned in the Constitution
The United States Constitution, written in 1787, has been criticised for its failure to mention several groups, including Blacks, Women, and Jews. While the document has been amended over time to address some of these issues, it is important to recognise that Jews were not mentioned in the original Constitution.
The absence of Jews in the Constitution may be due to the fact that the Founding Fathers aimed to create a document that ensured equality for all. By not mentioning any specific groups, they sought to avoid leaving anyone out. However, this approach has been criticised by some, who argue that the Constitution should have specifically addressed the rights of Jews, especially considering the historical context of religious persecution in Europe and the establishment of religious freedom in the United States.
The Founding Fathers, influenced by the principles of the Enlightenment and the ideals of religious liberty, crafted a Constitution that prohibited religious tests for office. This implied a rejection of religious discrimination and a recognition of religious freedom, which benefited Jews and other religious minorities. Nonetheless, the absence of any explicit mention of Jews in the Constitution has led to questions about their legal status and rights.
The historical context of the time suggests that the Founding Fathers were aware of the persecution faced by Jews in Europe and sought to create a nation where religious freedom was a fundamental principle. The First Amendment, part of the Bill of Rights adopted in 1791, guarantees the free exercise of religion, prohibiting laws that establish an official religion or restrict religious practices. This amendment ensured that Jews and other religious minorities could practice their faith freely without fear of legal repercussions.
While the Constitution did not specifically mention Jews, it established a framework that protected religious liberty and ensured their legal rights. The absence of any explicit reference to Jews may have been intentional, reflecting the Founding Fathers' desire to create a nation where religious freedom was paramount and all individuals were guaranteed equal rights, regardless of their religious beliefs.
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Frequently asked questions
The US Constitution, written in 1787, did not mention or include Blacks/African Americans, Women, and Jews.
The Founders of the Constitution designed it such that no one was left out, and everyone was included on a basis of equality. However, the Constitution did not explicitly mention these three groups, and there were several provisions concerning Black slavery, such as the "three-fifths clause", which counted three-fifths of a state's slave population in apportioning representation. Women were not afforded the same rights as men, particularly political rights, and Native Americans were entirely outside the constitutional system, defined as an "alien people" in their own land.
The 19th Amendment in 1920 granted women the right to vote, marking a significant change in women's legal status. The Civil Rights Act of 1964 aimed to address racial discrimination, directly impacting the rights of African Americans and others who were previously marginalised.
