Isabella Carter
The original United States Constitution did not contain the words slave or slavery, but it indirectly protected the institution of slavery in at least five of its provisions. The Constitution's text contains several proslavery clauses, including the Apportionment Clause, Article I, Section 2, which added three-fifths of all other Persons (i.e. slaves) to the number of free inhabitants of a state for purposes of representation. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
| Characteristics | Values |
|---|---|
| The word "slave" is not used | The word "slave" does not appear in the Constitution, but the framers consciously avoided the word, recognising that it would sully the document |
| The word "slavery" is not used | The word "slavery" does not appear in the Constitution, but it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document |
| Three-fifths clause | The three-fifths clause counted three-fifths of a state's slave population in apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College |
| Prohibition of Congress outlawing the Atlantic slave trade | The Constitution prohibited Congress from outlawing the Atlantic slave trade for 20 years |
| Fugitive slave clause | A fugitive slave clause required the return of runaway slaves to their owners |
| Apportionment Clause | The Apportionment Clause, Article I, Section 2, added three-fifths of "all other Persons" (i.e. slaves) to the number of free inhabitants of a state for purposes of representation |
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What You'll Learn
The three-fifths clause
Although the words "slave" and "slavery" do not appear in the original United States Constitution, the document indirectly protected the institution of slavery and promoted slave ownership. The three-fifths clause, also known as the Apportionment Clause, is one of the most notorious examples of this. The clause counted three-fifths of a state's slave population in apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. This meant that Thomas Jefferson would have lost the election of 1800 if not for the Three-fifths Compromise.
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The Apportionment Clause
Although the original United States Constitution did not contain the words "slave" or "slavery" within its text, it indirectly protected the institution of slavery. At the time of the drafting of the Constitution in 1787, and its ratification in 1789, slavery was banned by the states in New England and Pennsylvania and by the Congress of the Confederation in the Northwest Territory, by the Northwest Ordinance.
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The fugitive slave clause
Although the original United States Constitution did not contain the words "slave" or "slavery" within its text, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document. One of these provisions was the fugitive slave clause, which required the return of runaway slaves to their owners.
The inclusion of the fugitive slave clause in the Constitution highlights the contradiction between the document's promise of equal protection under the law and its protection of slavery. While the Constitution was meant to guarantee certain rights and freedoms, it also protected an institution that denied those rights and freedoms to a significant portion of the population.
Overall, the fugitive slave clause was a key aspect of the Constitution's protection of slavery. It directly contradicted the ideals of freedom and equality that the Constitution was meant to uphold and contributed to the entrenchment of slavery as a central institution in American society.
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The Atlantic slave trade clause
Although the original United States Constitution did not contain the words "slave" or "slavery" within its text, it did protect the institution of slavery. The Constitution's text contains several proslavery clauses. The Apportionment Clause, Article I, Section 2, added three-fifths of "all other Persons" – slaves – to the number of free inhabitants of a state for purposes of representation. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Constitution also prohibited Congress from outlawing the Atlantic slave trade for 20 years. This clause was included in the Constitution to protect the institution of slavery and to ensure that the South had the economic and political power that came with it. The Atlantic slave trade was a major source of labour for the South, and the Southern states relied on enslaved people to work in agriculture. By prohibiting Congress from outlawing the Atlantic slave trade, the Constitution ensured that the South would continue to have access to this labour force.
The inclusion of the Atlantic slave trade clause in the Constitution was a compromise between the North and the South. At the time of the drafting of the Constitution, slavery was banned in the states in New England and Pennsylvania and by the Congress of the Confederation in the Northwest Territory. However, slaves were present in other states, particularly in the South. The North wanted to end slavery, but the South relied on enslaved people for labour and was not willing to give them up. As a result, the two sides agreed to a compromise that allowed the Atlantic slave trade to continue for 20 years.
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The Constitution's failure to use the word 'slave'
Although the original United States Constitution did not contain the words "slave" or "slavery" within its text, it directly dealt with American slavery in at least five of its provisions and indirectly protected the institution elsewhere in the document. The framers consciously avoided the word, recognising that it would sully the document. Nevertheless, slavery received important protections in the Constitution.
The Constitution's text contains several proslavery clauses. The Apportionment Clause, Article I, Section 2, added three-fifths of "all other Persons" (i.e. slaves) to the number of free inhabitants of a state for purposes of representation. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College. Thomas Jefferson would have lost the election of 1800 if not for the Three-fifths Compromise. The Constitution also prohibited Congress from outlawing the Atlantic slave trade for twenty years. A fugitive slave clause required the return of runaway slaves to their owners.
According to H. W. Brands, many of the drafters of the Constitution assumed that slavery would die out naturally in the South as it had done in the industrialised North. However, most contemporary historians conclude that the American Constitution is a proslavery document. Berkeley Law Dean Erwin Chemerinsky, for example, has called the Constitution's protection of the institution of slavery its "biggest flaw".
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Frequently asked questions
No, the words 'slave' and 'slavery' are not present in the US Constitution. However, the document did protect the institution of slavery and promoted slave ownership.
The US Constitution contained several proslavery clauses, including the Apportionment Clause, Article I, Section 2, which added three-fifths of 'all other Persons' (i.e. slaves) to the number of free inhabitants of a state for purposes of representation. The Constitution also prohibited Congress from outlawing the Atlantic slave trade for 20 years and required the return of runaway slaves to their owners.
Many of the drafters of the Constitution assumed that slavery would die out naturally in the South as it had done in the industrialised North. This was due to the declining productivity of crops like tobacco.
Most contemporary historians conclude that the US Constitution is a proslavery document. However, many law professors do not teach the Constitution as proslavery, which some historians argue is a major disservice to students and society.
