The Unheard Voices Of The Constitution

The Constitutional Convention of 1787, held in Philadelphia, was a pivotal event in American history, addressing the shortcomings of the Articles of Confederation. However, several groups were notably absent from this convention, including enslaved individuals, women, and free men of color. The absence of these groups underscores the limited representation at the convention, as many impacted by the Constitution's outcomes had no say in its creation. This exclusion highlights the inequalities that existed during the formative years of the United States government.

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Enslaved individuals

The Constitutional Convention, held in Philadelphia in 1787, was a significant event in American history. The convention addressed the weaknesses of the Articles of Confederation, but several key groups were notably absent, including enslaved individuals.

Enslaved people were not represented at the convention, despite their status and rights being key topics of discussion. This exclusion highlights the lack of their voices in the formation of the nation's laws and governance. While the framers debated issues of governance, enslaved individuals were completely excluded from the discussions that would ultimately determine their rights.

The delegates at the convention grappled with the issue of slavery, a moral and ethical question that threatened the unity and goals of the convention. The Three-Fifths Compromise, which counted each enslaved person as three-fifths of a person for representation purposes, greatly increased the number of congressional seats in several states, particularly in the South. This compromise gave southern states with large slave populations an advantage with more representatives and more electoral votes. The convention also debated whether to allow the new federal government to ban the importation of enslaved people from outside of the United States. They ultimately agreed to allow Congress to ban it, but not before twenty years had passed.

The absence of enslaved individuals at the Constitutional Convention underscores the limitations of representation during that era. The lack of representation for those impacted by the Constitution's outcomes demonstrates the restrictive nature of representation at the convention.

Women

The absence of women at the convention reflected their broader exclusion from political life in the 18th century. However, it is worth noting that some women were interested in the political happenings and may have influenced the proceedings and language of the final document. For example, Elizabeth Willing Powel, who famously asked Benjamin Franklin, "Well, Doctor, what have we got, a republic or a monarchy?". Other women, like Eliza Herriot, advocated for women's rights and equal participation in government.

The Constitution itself did not explicitly mention women or men, using gender-neutral terms such as "persons," "citizens," and "representatives." This inclusive language has been interpreted as granting women the same rights, privileges, and protections as men. However, the lack of explicit mention of women in the Constitution has also been used to argue that they were left out and not considered in the Constitutional protections.

The fight for women's suffrage continued for many years, with suffrage groups advocating for a constitutional amendment to grant women the right to vote. It wasn't until the 19th Amendment to the Constitution that women's suffrage was finally guaranteed, though issues with access to the ballot box persisted.

Free men of colour

The Constitutional Convention, held in Philadelphia in 1787, was a significant event in American history. However, several key groups were notably absent from this convention, including free men of colour. Free men of colour were not represented at the convention, and their interests were largely ignored during the discussions that shaped the U.S. Constitution.

The convention was marked by the absence of several groups, including enslaved individuals, women, and free men of colour. While discussions surrounding slavery were prevalent during the convention, enslaved individuals themselves were not represented. Their rights and status were not considered in decision-making processes. Women were also excluded from the convention, as they did not have the legal rights to participate in formal political processes at that time.

Slavery was a highly contentious issue at the convention, with delegates debating the inclusion of a fugitive slave clause, the potential abolition of the slave trade, and whether enslaved individuals should be counted for representation purposes. The Three-Fifths Compromise, which was included in the final document, provided that three-fifths of enslaved people in each state would count toward congressional representation, increasing the number of congressional seats in several states, particularly in the South.

The absence of free men of colour at the Constitutional Convention underscores the limitations placed on representation and the restrictive nature of the gathering. Many of those who were affected by the Constitution did not have a say in its creation, demonstrating the inequalities present in the founding of the United States government.

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Native Americans

Many of the Founding Fathers had deep familiarity with Native nations, with some having negotiated treaties or engaged in diplomatic relations with them. For example, Benjamin Franklin was closely involved in negotiating and printing treaties with Native nations, including the Iroquois Confederacy, and studied their systems of governance. Thomas Jefferson also studied Native systems of government, expressing admiration for them.

Eighteenth-century tribal governments across what is now the US had a wide variety of government models, from relatively complex to simple, and from nearly autocratic to highly democratic. The governments of eastern North America that the Founding Fathers were most familiar with were confederacies of tribal nations, including the powerful Iroquois Confederacy in upstate New York. The Iroquois, Shawnee, Cherokee, and other political formations generally separated military and civil leadership, guarded certain personal freedoms, including freedom of religion, and included somewhat democratic policies for referendums, vetoes, and recalls. Most also gave women a large role in government, something that wouldn't be included in the US Constitution for over a century.

Despite their influence on the Founding Fathers, Native Americans were excluded from the drafting and ratification of the Constitution based on race, gender, and class. This exclusion was not limited to Native Americans but also extended to other marginalized groups. While the actual "People of the United States" were diverse, the group that claimed to represent them was circumscribed. The protests of these marginalized groups were often brutally suppressed through state-sanctioned and state-sponsored violence.

Even after the Constitution was ratified, Native Americans occupied a unique place in citizenship matters. The Constitution's Article I originally stated that "Indians not taxed" couldn't be counted in the voting population of states. The Dawes Act in 1887 gave American citizenship to all Native Americans who accepted individual land grants, but it also marked a period where the government aggressively sought to allow other parties to acquire Native American lands. The issue of Native American birthright citizenship was not settled until 1924 when the Indian Citizenship Act conferred citizenship on all Native Americans. However, this Act did not offer full protection of voting rights, and Native Americans continued to face barriers to voting until the passage of the Civil Rights Act of 1965.

Poor and middle-class white men

The Constitutional Convention of 1787 was primarily attended by wealthy, educated white men, including merchants and political leaders. The 55 delegates were all wealthy and educated white men, with many being lawyers, merchants, and plantation owners. They met to address the inadequacies of the Articles of Confederation and draft a new Constitution for the United States.

The delegates supported the imposition of property qualifications for voters in their individual states, reflecting their commitment to principles of equality as articulated in the Declaration of Independence. They also debated the inclusion of a fugitive slave clause, the potential abolition of the slave trade, and whether enslaved individuals should be counted for purposes of proportional representation.

The opposition to the Federalist leadership at the time was disorganized and inert. The anti-Federalists attacked on several fronts, including the lack of a bill of rights, direct taxation, and the loss of state sovereignty. They believed that the Constitution represented the work of aristocratic politicians protecting their own class interests.

Madison, the "Father of the Constitution," wanted a strong central government to provide order and stability. He believed that a single faction could more easily control the government within a state, but it would be harder for them to dominate a national government comprising many different interest groups. He wanted a government that could insulate officeholders from the pressures of a majority faction.

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