Jonah Patel
The United States Constitution, written in 1787, did not mention Blacks, Jews, or women. While slavery and race were discussed at length in the debates, no words indicating race or color, black or white, or slavery were included in the text. Instead, circumlocutions were used to avoid the use of the word slave. Similarly, the Constitution mentions religion only once, stating that no religious test shall ever be required as a qualification to any office or public trust under the United States. This provision granted Jews full citizenship for the first time in history, despite their historical persecution and exclusion from political rights.
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What You'll Learn
The Constitution didn't mention race or slavery, despite debates
The United States Constitution, written in 1787, did not mention race or slavery, despite extensive debates about what to do about black slavery during the Constitutional Convention. The original, unamended Constitution did not include the Thirteenth Amendment, which abolished slavery, or the First Amendment, which provided protection for religious freedom.
During the debates, there were frequent direct references to both slavery and race. However, when it came to the writing of the Constitution, circumlocutions were used to avoid using any form of the word "slave". For example, the document refers to a "person held to service or labour". Neither the words "slave" nor "slavery" appear in the text, nor are there any words indicating race or color.
The omission of any mention of race or slavery in the Constitution is significant, especially given that the issue of black slavery was a major concern at the time. The lack of explicit reference to these topics in the Constitution has been interpreted in various ways and has been a subject of debate and criticism.
The Constitution also did not mention Jews, which is notable given their historical persecution and the prevalence of religious tests for state offices in America at the time. By not singling out Jews or any other religious group, the Constitution effectively granted Jews full citizenship for the first time in the Diaspora history. This "silence" on religious affiliation, coupled with the prohibition of religious tests for national offices, opened a door to Jews and all other religious sects.
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Jews were excluded from political rights and offices
The original US Constitution, written in 1787, did not mention Jews, Blacks, or women. While the document did not mention race or slavery explicitly, it did include circumlocutions to avoid using the word "slave". Similarly, the Constitution did not mention Jews, but it also did not include them in the category of "persons" or "citizens".
The original Constitution mentions religion only once, in Article VI, Section 3, which states that "no religious test shall ever be required as a qualification to any office or public trust under the United States." By not singling out Jews and prohibiting religious tests for holding national office, the Constitution granted Jews full citizenship for the first time in history.
However, it is important to note that the absence of explicit mention does not mean that Jews were granted equal rights or protections under the Constitution. The original document lacked the First Amendment, which provides protection for religious freedom. Thus, while the omission of religious tests opened a door for Jews and other sects, it did not guarantee their political rights or equality under the law.
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The Constitution didn't mention Jews, but gave them citizenship
The Constitution of the United States did not mention Jews, but it gave them citizenship. The original Constitution mentions religion only once, in Article VI, Section 3, which states that "no religious test shall ever be required as a qualification to any office or public trust under the United States." At the time of the founding, almost every state had some form of religious test, with the chief concern being to bar Catholics in predominantly Protestant states and vice versa in other states. Jews were also a target, though not the main one.
By not singling out Jews, the Constitution granted them full citizenship for the first time in over 1500 years. This silence, coupled with the prohibition of religious tests, "opened a door" to Jews and all other sects. The Constitution's failure to mention Jews is thus seen as a form of protection and inclusion, rather than exclusion.
It is worth noting that the Constitution also did not mention race or slavery, despite these being discussed at length in the debates. The absence of specific references to race or slavery in the text has been interpreted as an attempt to avoid the use of any form of the word "slave."
While the US Constitution did not explicitly mention Jews, it is important to recognize that the Law of Return, passed in Israel in 1950, grants Jews, those with Jewish ancestry, and their spouses the right to relocate to Israel and acquire Israeli citizenship. This law was amended in 1970 to include a more detailed explanation of who qualifies as a Jew, and it continues to shape the understanding of citizenship and national identity in Israel today.
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The Constitution didn't combat religious intolerance
The Constitution of the United States of America was adopted on September 17, 1787, and it mentioned religion only once. Article VI, Section 3, states that "no religious test shall ever be required as a qualification to any office or public trust under the United States." This provision broke with European tradition by allowing people of any faith (or no faith) to serve in public office in the United States. This was significant because, at the time, almost every state had some form of religious test, often targeting Catholics and certain sects of Protestants, as well as Jews.
However, the Constitution's lack of explicit mention of Jews and other religious minorities has been interpreted as a failure to combat religious intolerance. While the absence of religious tests granted Jews full citizenship for the first time in over 1500 years, the Constitution did not actively address the pervasive religious intolerance they faced. Jews had been universally despised and persecuted for millennia, and the failure to explicitly protect their rights left them vulnerable to continued discrimination and exclusion.
Additionally, the Constitution's silence on religious intolerance allowed for inconsistent rulings by the Supreme Court on matters of religious freedom. For example, in the Ten Commandments Cases in 2005, the Court ruled that displaying a six-foot monument of the Ten Commandments at the Texas State Capital was constitutional, while displaying two large framed copies of the Ten Commandments in Kentucky courthouses violated the First Amendment.
Furthermore, the Constitution's treatment of religion maintained the status quo, neither granting nor restricting explicit power to act in the field of religion. This ambiguity led to ongoing debates and interpretations, with some arguing for a stronger role for religion in governance and others fearing the same. The absence of a bill of rights to explicitly enumerate the rights of citizens, including religious freedom, left room for interpretation and potential oppression by the government.
In conclusion, while the Constitution's prohibition of religious tests for public office was a step towards religious inclusion, its failure to explicitly combat religious intolerance, address historical persecution, and provide clear guidelines for religious freedom left religious minorities vulnerable to continued discrimination and excluded them from the full protections guaranteed by the nation's founding document.
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The Constitution's bicentennial was denounced by some citizens
The Constitution, written in 1787, was denounced by some citizens during its bicentennial commemoration in 1987. The original, unamended Constitution had several severe defects that were considered a matter of national shame. Notably, it lacked the Thirteenth Amendment, which permitted slavery; it did not secure the right of women to vote; and it provided no protection for religious freedom.
The Constitution did not mention blacks, women, or Jews, and this omission was significant. The question of what to do about black slavery was a major concern during the Constitutional Convention and was discussed at length. However, neither slavery nor race was mentioned in the final text. The Constitution used circumlocutions to avoid using the word "slave," such as referring to a "person held to service." This omission treated blacks as less than human.
Jews had suffered persecution worldwide for millennia and had been universally despised, beaten, tortured, murdered, and hounded from one place to another. By not singling out Jews and prohibiting religious tests for holding national office, the Constitution granted them full citizenship for the first time in history. However, this did not provide them with the security of political rights or the power that comes with voting and holding office.
The failure to address the rights of these groups in the original Constitution was a significant oversight that required subsequent amendments to rectify. The lack of explicit protection for blacks, women, and Jews in the original document was a reminder of the nation's flawed founding and the ongoing struggle for equality and justice for all its citizens.
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Frequently asked questions
The issue of Black slavery was a major concern in the Constitutional Convention and was discussed at length in the debates. However, the final text of the Constitution does not include any terms indicating race or colour, nor does it use the words "slave" or "slavery".
Jews had been persecuted and discriminated against for centuries, but the US Constitution, by not singling out any religious group, effectively made Jews full citizens for the first time in history.
The original Constitution did not secure the right of women to vote. This was only addressed later with the Nineteenth Amendment.
