Malcolm Rivera
The United States Constitution, which took effect in 1787, did not abolish slavery. Instead, it included three clauses that related to slavery, all of which were the result of varied debate and compromise. The framers of the Constitution consciously avoided using the words slave and slavery and instead used persons in the Slave Trade Clause, which prohibited the federal government from limiting the importation of persons for 20 years after the Constitution took effect. This was a compromise between Northern and Southern states, as slavery was pivotal to the economy of the Southern states. The framers believed that if the Constitution restricted the slave trade, Southern states like South Carolina and Georgia would refuse to join the Union. The Three-Fifths Clause gave the South extra representation in the House of Representatives and Electoral College, and the Fugitive Slave Clause further entrenched the institution of slavery. The Constitution also created a central government powerful enough to eventually abolish slavery, which it did through the Thirteenth Amendment.
| Characteristics | Values |
|---|---|
| Framers of the Constitution believed that concessions on slavery were necessary to gain support from southern delegates | South Carolina and Georgia would refuse to join the Union if slavery was restricted |
| Compromise was reached to settle the controversy over the Atlantic slave trade | Southern delegates agreed to a 20-year ban on restrictions on the Atlantic slave trade in exchange for removing a clause restricting the national government's power |
| The Constitution included clauses related to slavery | Three-fifths Compromise, Fugitive Slave Clause |
| The Constitution was interpreted as protecting slavery | Required return of runaway slaves to their owners, prohibited Congress from banning the slave trade for 20 years |
| The issue of slavery led to the Civil War | Abraham Lincoln issued the Emancipation Proclamation during the Civil War, but it did not end slavery |
| The Thirteenth Amendment abolished slavery | Passed by Congress and ratified in 1865, ended chattel slavery but allowed for involuntary servitude as punishment for a crime |
| Modern slavery still exists | 19 state constitutions permit slavery or involuntary servitude as criminal punishment |
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What You'll Learn
The 13th Amendment's loopholes
The 13th Amendment, passed on January 31, 1865, and ratified on December 6, 1865, abolished slavery in the United States. However, it included a clause that allowed slavery and involuntary servitude to continue as a form of criminal punishment:
> "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
This clause, often referred to as the "criminal-exception loophole" or the "slavery loophole," has had long-term consequences, allowing for the continued economic benefits of slavery and the mass incarceration of Black Americans.
Loopholes and Their Impact
The loophole permitted the criminalization of formerly enslaved people for minor crimes, such as vagrancy or loitering, through the use of Black Codes. These codes were enforced by Southern states after the Civil War, as they struggled with the loss of free labor and the deterioration of their economy. Black people were imprisoned under these codes and then leased out for their labor, a practice known as convict leasing. This system of penal labor allowed for the exploitation and forced labor of incarcerated individuals, perpetuating the oppression of Black Americans and systemic racism.
The loophole also led to the breakup of families and generations of poverty within the Black community. Additionally, it contributed to the high incarceration rate in the United States, which some legislators consider a pressing issue.
Closing the Loophole
Efforts have been made to close the loophole and fully abolish slavery without exceptions. In 2020, congressional Democrats proposed legislation to amend the Constitution by removing the language that permits slavery and involuntary servitude as criminal punishment. Although this amendment did not pass, some states have passed similar legislation to amend their constitutions.
The persistence of the loophole highlights the complexities of interpreting and implementing the 13th Amendment, and the ongoing struggle to fully eradicate the remnants of slavery and racial subjugation in the United States.
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The Constitution's slave compromises
The US Constitution, drafted in 1787, included several compromises that perpetuated slavery despite the moral qualms of many of its framers. The Three-Fifths Compromise, also known as the Three-Fifths Clause, was included in Article I, Section 2, Clause 3 of the Constitution. This provision stated that three-fifths of each state's enslaved population would be counted for representation in the US House of Representatives, the allocation of electoral votes, and direct taxation. This compromise gave slaveholding states disproportionate political power, as it effectively increased their representation and voting power without granting any additional rights to the enslaved people themselves.
Another compromise was the Fugitive Slave Clause, also known as the Fugitive Slave Act, which was included in Article IV, Section 2, Clause 3. This clause stated that escaped slaves who fled to another state remained slaves and were to be returned to their owners. This provision not only perpetuated slavery by preventing slaves from gaining freedom through escape but also forced free states to complicitly uphold the institution of slavery.
The controversy over the Atlantic slave trade was also settled through compromise. Southern delegates agreed to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels, benefiting northeastern shipbuilders and sailors. In exchange, the federal government prohibited any restrictions on the Atlantic slave trade for 20 years, effectively legalizing and protecting the slave trade during that period.
These compromises were made to gain the support of southern delegates and states for a strong central government. Many believed that without these concessions on slavery, states like South Carolina and Georgia would refuse to join the Union. However, by sidestepping the issue of slavery and prioritizing economic interests, the framers of the Constitution laid the groundwork for future conflict, including the Civil War, and the eventual abolition of slavery through constitutional amendments like the Thirteenth Amendment.
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Southern delegates' influence
The continuation of slavery after the US Constitution was a direct result of the influence of Southern delegates, who threatened to walk out of the convention if slavery was threatened. This was a very real concern, as it would have resulted in separate free and slave confederacies instead of a unified United States. The framers of the Constitution believed that concessions on slavery were necessary to gain the support of Southern delegates for a strong central government.
Southern delegates, such as John Rutledge of South Carolina, vehemently opposed any federal regulation of the slave trade, arguing that it should be left to the states. They threatened that the Southern-most states "shall not be parties to the union" if their demands were not met. This was a significant concern for the framers of the Constitution, who were convinced that if the Constitution restricted the slave trade, Southern states like South Carolina and Georgia would refuse to join the Union.
The Three-Fifths Compromise, proposed by Southern delegate James Wilson and seconded by Charles Pinckney, was a key example of the influence of Southern delegates. While Northern delegates argued that only voters should be counted for representation, Southern delegates demanded that slaves be counted as full persons. The compromise agreed upon counted "'all other persons' as three-fifths of their actual numbers", giving Southern states additional representation in the House of Representatives and the Electoral College. This compromise also reduced the tax burden on Southern states.
The Fugitive Slave Clause, which required the return of runaway slaves to their owners, was another concession to Southern delegates. Additionally, the Constitution prohibited the federal government from banning the importation of "persons" (which included enslaved African persons) for 20 years after its enactment. These provisions ensured that slavery remained legal and protected in the United States, despite moral qualms about the institution from some delegates.
In summary, the influence of Southern delegates shaped the Constitution's approach to slavery, resulting in compromises and concessions that allowed slavery to continue and granted distinct privileges to slave states and slaveholders. These decisions had far-reaching consequences, contributing to the sectionalism and conflicts that eventually led to the Civil War.
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The economy vs. morality
The United States Constitution, which came into effect in 1787, was a document that sought to establish justice, ensure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty. However, it failed to address the issue of slavery, which was a major component of the economy and society in the United States at the time. Many of the framers of the Constitution owned slaves, and they believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. As a result, the Constitution included several clauses that protected slavery and ensured its continuation even after the Constitution was ratified.
The Three-Fifths Clause, the Slave Trade Clause, and the Fugitive Slave Clause are examples of the compromises made in the Constitution regarding slavery. These clauses allowed the southern states to continue their slave-based economy, while the northern states moved towards abolition. The Three-Fifths Clause gave the South extra representation in the House of Representatives and the Electoral College, based on their slave population. The Slave Trade Clause prohibited the federal government from banning the importation of enslaved persons for twenty years after the Constitution took effect. The Fugitive Slave Clause required the return of escaped slaves to their owners.
While some members of the Constitutional Convention objected to slavery on moral grounds, others argued that it was necessary for the economy. The southern states, in particular, relied heavily on slavery for their cotton plantation economy. The compromise between the North and the South was essential for the ratification of the Constitution and the formation of the Union. However, it was ultimately unsustainable, as shown by the Civil War.
In the decades leading up to the Civil War, political tensions rose as abolitionists and proponents of slavery debated the status of new U.S. territories. The Compromise of 1820 banned slavery in the northern part of the Louisiana Territory, contributing to the spread of liberty and equality. However, the domestic slave trade continued to flourish in the South, and Congress did not abolish slavery in the District of Columbia until 1862.
In conclusion, the economy and morality were both significant factors in the continuation of slavery after the Constitution. The framers of the Constitution sought to balance the economic interests of the South with the moral objections of the North, resulting in a compromise that ultimately failed to protect the rights and liberties of enslaved people. It took a brutal civil war and the Thirteenth Amendment to finally end slavery in the United States.
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The legacy of chattel slavery
Chattel slavery in America began when Africans were first brought to the American colonies and stripped of their human rights. This form of slavery lasted for over two centuries. Slaveholders would whip those they enslaved, and clergy preached that slavery was the will of God. By the mid-19th century, America's westward expansion, along with a growing anti-slavery movement in the North, sparked a national debate over slavery that contributed to the American Civil War (1861-1865).
During the chaotic years of Reconstruction (1865-1877), the postwar status of formerly enslaved people was uncertain, and they faced significant challenges in exercising their newfound freedom. The period was marked by racial violence and the emergence of new forms of oppression, such as Black Codes and convict leasing, which restricted the rights and opportunities of Black Americans.
The legacy of slavery also contributed to the emergence of the civil rights movement in the 1950s. Despite legal abolition, racial discrimination and segregation persisted, prompting a long struggle for civil rights and racial equality. The Civil Rights Act of 1964 and the Voting Rights Act of 1965 were landmark pieces of legislation that aimed to address ongoing racial injustices.
The impact of chattel slavery extended beyond legal and social spheres, influencing cultural and economic aspects of American life. In popular culture, stereotypes of African Americans were spread through performances and literature, such as "Tom shows" and the novel "Uncle Tom's Cabin". Additionally, the economic impact of slavery was significant, particularly in the South, where slavery was integral to the region's economy. The invention of the cotton gin in 1793 further solidified the economic reliance on slavery in the South.
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Frequently asked questions
The US Constitution, ratified in 1787, was a compromise between the Northern and Southern states. The Southern states, where slavery was pivotal to the economy, threatened to refuse to join the Union if the Constitution restricted the slave trade. The framers of the Constitution believed that concessions on slavery were the price for the support of southern delegates for a strong central government.
The US Constitution included three clauses related to slavery: the Three-Fifths Clause, the Slave Trade Clause, and the Fugitive Slave Clause. The Three-Fifths Clause gave the South extra representation in the House of Representatives and extra votes in the Electoral College. The Slave Trade Clause prohibited the federal government from limiting the importation of slaves for 20 years after the Constitution took effect. The Fugitive Slave Clause allowed for the capture and return of escaped slaves.
The views of the framers of the US Constitution on slavery were mixed. Of the 55 delegates to the Constitutional Convention, about 25 owned slaves. Many of the framers harbored moral qualms about slavery, with some becoming members of anti-slavery societies. However, they were conscious of the economic importance of slavery to the Southern states and sought to avoid overtly mentioning "slavery" or "slave" in the Constitution.
Slavery and its constitutional history continue to impact issues in the US today. For example, the journey to providing an equal education for all Americans has been influenced by constitutional law and the precedents set by courts. Additionally, the consequences of slavery have tested and continue to test the American people and their capacity for justice and equality.
