Jonah Patel
Frederick Douglass's views on the American Constitution and its interpretation as an anti-slavery document have been pivotal in shaping African-American philosophy, political theory, and critical theories. Initially influenced by Garrisonians, Douglass later diverged, advocating for the Constitution as a tool for emancipation and civil rights. This evolution in his stance exemplifies his belief in the Constitution as a living document, adaptable to societal progress. The enduring significance of Douglass's ideas is evident in their influence on later developments, such as the Fifteenth Amendment, the Civil Rights Act of 1964, and the ongoing struggle for racial equality.
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What You'll Learn
The Constitution as a pro-slavery document
The United States Constitution has had a powerful and enduring place in the career of Frederick Douglass. Initially, Douglass found himself at odds with his fellow Garrisonian abolitionists. Later, his support of the Fifteenth Amendment and Black male suffrage was opposed by some of his White female allies. Despite the conflict with friends and allies, he continued to view the Constitution as an ideal to which the country had yet to fulfill.
In his speech "The Constitution of the United States: Is It Pro-Slavery or Anti-Slavery?" delivered before the Scottish Anti-Slavery Society in Glasgow, Scotland, on March 26, 1860, Frederick Douglass outlined his views on the American Constitution. He argued that the American government and the American Constitution are distinct entities, like a ship and a compass. The one may point right, and the other may steer wrong. He clarified that the question is not whether slavery existed in the United States at the time of the Constitution's adoption, nor whether slaveholders took part in framing the Constitution, nor whether they intended to secure advantages for slavery within it. Instead, the real question is whether the Constitution guarantees the right to enslave or hold property over any other class of people. Douglass denied this, believing that voting men into power who would use their positions to abolish slavery was the way forward.
In his speech, Douglass also addressed the Fugitive Slave Clause, which required the return of fugitive slaves from the North to the South. He noted that this clause only made sense in a country where half the states either banned slavery or were moving towards abolition. He emphasized that the Constitution's language is "we the people," not "we the white people," indicating its applicability to all citizens.
While the Constitution did not explicitly use the word "slave," it provided important protections for slavery. The Three-Fifths Clause in Article I, Section 2, counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and the Electoral College. Additionally, the Constitution prohibited Congress from outlawing the Atlantic slave trade for twenty years and gave the federal government the power to suppress domestic rebellions, including slave insurrections.
Despite these concessions, Douglass believed that the Constitution could be interpreted as an evolving document in tune with the development of civilization. He saw it as a tool to advocate for the freedom and civil rights of African Americans and women. He acknowledged the validity of the Constitution and used it to insert himself into a new dialogue, demonstrating his participation in American society.
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The Founding Fathers' true intentions
The Founding Fathers of the United States Constitution had differing beliefs and opinions about what the future of the nation should look like. However, they worked together and indulged the views of their colleagues to write the framework for a system of government that has lasted over 200 years.
Publicly, the Founding Fathers advocated for a democratic system of government based on the principles of equality and majority rule. They expressed a desire to establish an inclusive democracy with majority rule. Documents like the Declaration of Independence and The Federalist Papers support this perspective. Thomas Jefferson wrote in the Declaration of Independence that the American government would derive its "powers from the consent of the governed". This rhetoric was used to unify Americans behind a common struggle for freedom and political representation.
However, in their private interactions, the Founding Fathers revealed a different perspective. As members of the economic elite, they were concerned about oppressive majority rule by common people. They aimed to limit the political power of the masses and restrict the power of majorities, thus limiting democracy. They wanted to protect the right to property and prevent the "rabble" from assuming control over the government.
The Founding Fathers crafted the Constitution as a practical blueprint for a functional government. They established strong national institutions, including the presidency, Congress, and the judiciary, with careful design choices aimed at ensuring stability and continuity. They also wanted to uphold democratic values and protect individual liberties.
The Founding Fathers' legacy reflects both noble aspirations and practical considerations for establishing a functional republic. They intentionally avoided establishing a state-sanctioned religion, emphasizing religious freedom instead.
The true intentions of the Founding Fathers continue to be a subject of debate, with scholars and politicians interpreting their legacy through different ideological lenses.
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The natural law reading of the Constitution
The United States Constitution played a powerful and enduring role in the life and work of Frederick Douglass. Initially, Douglass disagreed with his fellow Garrisonian abolitionists, but he later committed to his belief in the Constitution as a valid document, using it as a tool to advocate for the freedom and civil rights of African Americans and women.
Douglass's views on the Constitution evolved as the realities of Black life, especially in the South, changed. Despite the violence and disenfranchisement faced by Black people, Douglass found no fault with the Constitution, instead blaming recent presidential administrations for leading the government away from its founding ideals. Douglass's interpretation of the Constitution as an anti-slavery document allowed it to be "wielded on behalf of emancipation".
In his later years, Douglass became convinced of the natural law reading of the US Constitution, which foregrounded the values outlined in the US Declaration of Independence. He was influenced by the arguments of Gerrit Smith, Lysander Spooner, William Goddell, and Samuel E. Sewall, who claimed that the Constitution was an anti-slavery document and that the founders were at cross-purposes on the question of slavery. Douglass saw the general ideas of America's founding documents as supporting an interpretation of the US Constitution as an evolving document in tune with the development of civilization.
Natural law is the foundation upon which the spirit of the Constitution is built. Many of the ideas and terms used in the Constitution cannot be fully understood without a deep understanding of the natural law philosophy held by the Founders. Natural law and natural rights are critical to understanding the meaning of the Constitution, especially the Bill of Rights. The Founders wanted to explicitly protect certain natural rights, such as freedom of speech, out of caution that a tyrannical government could improperly ignore them. The Ninth Amendment states that enumerating certain rights in the Constitution does not diminish the protection of other natural rights not specifically mentioned. These natural rights are rights that everyone has ("all men are created equal") and do not overlap with other people's rights. While we can speak of natural rights at a high level of generality, like the right to liberty, there are also derivative rights included within them. For example, the right to freedom of speech is a subset of the broader right to liberty.
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The Constitution as a liberty document
Frederick Douglass's views on the United States Constitution have a powerful and enduring place in his career. Initially, Douglass agreed with abolitionist William Lloyd Garrison's position that the Constitution was pro-slavery, owing to the Three-Fifths Clause and the protection of the international slave trade through 1807. However, in the spring of 1851, Douglass publicly changed his stance, stating that the Constitution was an anti-slavery document. This transition to political abolitionism made Douglass more palatable to the masses, and he inserted himself into a new dialogue, demonstrating his participation in American society.
In his 1851 speech "Is the United States Constitution For or Against Slavery", Douglass expressed his belief that the Constitution could and should be used as an instrument in the fight against slavery. He argued that the general ideas of America's founding documents supported an interpretation of the Constitution as an evolving document in tune with the development of civilization. This perspective was influenced by the arguments of Gerrit Smith, Lysander Spooner, William Goddell, and Samuel E. Sewall, who asserted that the Constitution was anti-slavery and that the founders had differing intentions regarding slavery.
In a speech delivered before the Scottish Anti-Slavery Society in Glasgow, Scotland, on March 26, 1860, titled "The Constitution of the United States: Is It Pro-Slavery or Anti-Slavery?", Douglass outlined his views on the American Constitution. He emphasized that the real question was not the existence of slavery at the time of the Constitution's adoption or the involvement of slaveholders in its framing. Instead, he focused on whether the Constitution guaranteed the right to enslave or hold people as property. Douglass maintained that the Constitution, with its emphasis on liberty and natural rights, could be wielded on behalf of emancipation.
Despite the ongoing violence and disenfranchisement of Black people, Douglass continued to view the Constitution as a valid document and an ideal that the country had yet to fulfill. He saw it as a tool to advocate for the freedom and civil rights of African Americans and women. Douglass's interpretation of the Constitution as an evolving document demonstrates his belief in its potential to be a force for liberty and progress.
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The Fifteenth Amendment and Black male suffrage
The Fifteenth Amendment, enacted in 1870, was a significant development in the struggle for Black male suffrage in the United States. This amendment, the third and final Reconstruction Amendment, explicitly prohibited the federal government and individual states from denying or abridging a citizen's right to vote based on "race, color, or previous condition of servitude." This marked a pivotal moment in the fight for racial equality, ensuring that Black males, many of whom were newly freed slaves, gained the legal right to participate in the democratic process.
Frederick Douglass, a prominent abolitionist and advocate for civil rights, played a crucial role in the context of the Fifteenth Amendment. Douglass had a complex and evolving relationship with the United States Constitution. Initially, he disagreed with fellow Garrisonian abolitionists, as he believed the Constitution was an anti-slavery document that upheld the values of the Declaration of Independence. He viewed the Constitution as a tool to advocate for freedom and civil rights for African Americans. Douglass's support for the Fifteenth Amendment and Black male suffrage, however, faced opposition from some of his White female allies, highlighting the complexities of the suffrage movement.
The Fifteenth Amendment addressed the issue of race-based restrictions on voting rights, ensuring that Black males were legally guaranteed the right to vote. This amendment was a response to the realities of Black life, particularly in the South, where Black individuals were effectively disenfranchised despite their legal status as citizens. The amendment's enactment represented a significant step toward racial equality and political empowerment for Black males.
However, it is important to note that the Fifteenth Amendment did not confer the right of suffrage explicitly. Instead, it prevented states and the federal government from discriminating against citizens in the exercise of their elective franchise based on race. Despite this legal protection, discriminatory voting practices and the rise of organisations like the Ku Klux Klan continued to pose significant challenges to Black voters. It would take further legislative efforts, such as the Voting Rights Act of 1965, to address these ongoing issues and reinforce the protections guaranteed by the Fifteenth Amendment.
In conclusion, the Fifteenth Amendment exemplifies Frederick Douglass's point about the Constitution's potential to be a tool for emancipation and civil rights. While it did not immediately resolve all voting rights issues, it represented a significant step in the ongoing struggle for racial equality and Black male suffrage in the United States.
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Frequently asked questions
Frederick Douglass viewed the Constitution as an anti-slavery document. He believed that when interpreted correctly, the Constitution was a liberty document, highlighting individual rights and freedoms.
In the spring of 1851, Douglass publicly changed his stance on the Constitution. He published his new views in the May 15, 1851 edition of The North Star, stating that his interpretation of the Constitution as an anti-slavery document established a precedent that allowed it to be "wielded on behalf of emancipation."
Douglass was a longtime abolitionist who wanted a more aggressive stance and strategy for abolishing slavery and the emancipation of the enslaved. He argued that the accusation that Black people were beasts was predicated on the guilty knowledge that they were, in fact, human.
Douglass's ideas about humanity, liberty, equality, property, democracy, and individual and social development addressed immediately pressing concerns. His work is connected to academic philosophy through the uptake of his political and social legacy by later African American philosophers such as W.E.B. Du Bois and Alain Locke. Douglass's later-day activities are an essential part of his life and record, helping to mold the nation.
Douglass's interpretation of the Constitution was based on his belief that the Founding Fathers intended it to provide freedoms for all people, including African Americans. He was convinced by the arguments of Gerrit Smith, Lysander Spooner, William Goddell, and Samuel E. Sewall, who asserted that the Constitution was an anti-slavery document.
