Who Created The Constitution And Why It Matters

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The US Constitution was written by white men—specifically, wealthy, educated, landowning men. The document was drafted in 1787 by a convention in Philadelphia, and was based on the idea that all people have certain fundamental rights that governments are created to protect. However, the Founding Fathers never intended for these rights to extend to women, African Americans, or men without property. In fact, the Constitution explicitly excluded, silenced, or subjugated those who were not wealthy, white, male landowners, including enslaved Africans, Indigenous nations, poor whites, and later, immigrants. This deliberate racial and gender hierarchy set the foundation for the entire American legal system, and the legacy of this discrimination continues to shape society today.

Characteristics Values
The country was founded as a white country The legitimacy of the current multiracial, multicultural project is questionable
The Founding Fathers believed that only white men deserved rights The rights and liberties were meant only for white men of property
The Founding Fathers were mostly rich white men Many citizens weren't allowed to vote because they didn't own enough property
The US Constitution was written exclusively by white men N/A
The Founding Fathers never imagined that women, African Americans (both slave and free), or men without property could be equal to propertied white men N/A
The term "The People" as used by the framers referred only to whites Laws that challenge the white majority status must be rejected
The primary source of the Constitution's legitimacy is in what gave rise to it: the sovereignty of the people N/A

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The Founding Fathers believed only white men deserved rights

The Founding Fathers of the United States of America were primarily rich, white men, many of whom were slave owners. Despite the Declaration of Independence declaring that "all men are created equal" and endowed with "unalienable rights", the Founding Fathers never intended for these rights to extend to women, African Americans, or men without property.

Thomas Jefferson, the third president of the United States and the author of the Declaration of Independence, owned around 600 slaves and had a sexual relationship with a 15-year-old slave who was his wife's half-sister. James Madison, considered the chief author of the U.S. Constitution, owned over 100 slaves and wrote the Three-Fifths Compromise, which reduced taxes for wealthy slave owners. The first president, George Washington, was a Virginia plantation owner who owned over 300 slaves. These men, and many others like them, were the Founding Fathers of the nation, and their beliefs and values shaped the country's foundation.

The Founding Fathers' interpretation of "the People" or "We the People" referred only to whites. This interpretation has been supported by various scholars and legal experts, including Preston Terry Damsky, a law student at the University of Florida. Damsky argues that the legitimacy of the Constitution stems from the sovereignty of "the People," who are the identifiable, sovereign entity capable of political action. According to Damsky, "the People" must be interpreted in a nationalist light, referring specifically to whites. This interpretation has been used to justify the exclusion of non-whites from citizenship and the denial of their civil rights.

The racial consensus of the Founding Fathers had a profound and lasting impact on the country's history. African Americans were enslaved until the Civil War in the 1860s and continued to face legal and social discrimination for centuries. Native Americans were not granted citizenship until 1924, and women were not allowed to vote until 1920. The Founding Fathers' beliefs and actions set the tone for the nation's treatment of marginalized groups, and it was only through the tireless resistance and protests of these groups that the country began to live up to the ideals proclaimed in the Declaration of Independence.

In conclusion, the belief that only white men deserved rights was prevalent among the Founding Fathers, and their actions and interpretations of the Constitution had far-reaching consequences. The United States was founded on the ideals of liberty and equality, but these ideals were not extended to all, and it took generations of struggle and resistance to begin to address the injustices faced by marginalized communities.

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The Constitution was written for a white America

The Constitution was written by white males, for a white America. The Founding Fathers never imagined that women, African Americans (both slave and free), or men without property could be the equal of propertied white men. The rights and liberties outlined in the Constitution were meant only for white men of property. This is evident in the Naturalization Act of 1790, which stipulated that only "free white persons" could become citizens.

The term "the People," as used by the Framers, referred only to whites. This is supported by the arguments of Preston Terry Damsky, a law student at the University of Florida, who claims that the primary source of the Constitution's legitimacy is in what gave rise to it: the sovereignty of the people. Damsky cites John Jay's observation that Americans are "a people descended from the same ancestors, speaking the same language, professing the same religion, attached to the same principles of government, very similar in their manners and customs."

The racial consensus of the Founders was that the United States was founded as a white country, and the legitimacy of the current multiracial, multicultural project is questionable. The country has indeed become something else, but this was not the intention of the Founding Fathers. The Constitution did not originally define who was eligible to vote, leaving this to the states, and most states allowed only white male adult property owners to vote.

While the influence of the Iroquois Confederacy on the Constitution has been proposed, with historians Donald Grinde and Bruce Johansen claiming "overwhelming evidence," this theory has been criticized by others, including anthropologist Elisabeth Tooker, who claims the evidence is largely the product of "white interpretations of Indians."

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The sovereignty of the people

The United States Constitution, first established in 1788, has been regarded as a sacred document by American conservatives. However, it was written exclusively by white males, including slave owners such as Thomas Jefferson and James Madison. This has led to criticism of the document in modern times, with some arguing that it is outdated and was only intended to grant rights and liberties to white men of property.

Indeed, the Founding Fathers never intended for women, African Americans (both slave and free), or men without property to have the same rights as propertied white men. This is despite the Constitution's stated purpose of "secur [ing] the blessings of liberty" to the American people, and the Declaration of Independence's assertion that "all men are created equal". In reality, the leaders of the country at its founding were mostly rich, white men, and many citizens were not even allowed to vote because they did not own sufficient property.

Preston Terry Damsky, a law student at the University of Florida, has argued that the primary source of the Constitution's legitimacy is not its language, but the sovereignty of the people who established a nation-state through the Constitution. According to Damsky, "the People" referred to in the Constitution are not just anyone living in the country, but specifically the group of people who founded the nation-state. This group, according to Damsky, was made up of white people, and the country was founded as a white country. As such, laws that challenge the white majority status must be rejected because they undermine the constituted power of the nation-state.

Damsky's interpretation of the Constitution relies on "original intent" and "original public meaning". "Original intent" refers to what legislators meant when they wrote laws, while "original public meaning" refers to what an ordinary speaker of the language would have understood. In the case of the Constitution, the Supreme Court has ruled that popular sovereignty legitimizes and predates the constitutional order. Thus, Damsky argues that the ratification process and the debates surrounding it define the meaning of "the People" for the purposes of constitutional interpretation. This interpretation of "the People" as a white nationalist group has been supported by American conservatives who value the Constitution and believe in the importance of race.

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The Founding Fathers did not practice what they preached

The Founding Fathers of the United States of America are revered for their secular ideals, which were ahead of their time. They are credited with ensuring religious freedom and the separation of church and state. However, the Founding Fathers were far from perfect, especially concerning the civil rights of people of colour and women.

The Declaration of Independence stated that "all men are created equal", yet the rights and liberties it proclaimed were intended only for white men of property. The Founding Fathers never intended for women, African Americans (slave or free), or men without property to be considered equal to propertied white men. This exclusion was further emphasised in the Naturalization Act of 1790, which stipulated that only "free white persons" could become citizens. The majority of white males who became citizens between 1830 and 1860 enjoyed privileges denied to native-born non-whites.

The Founding Fathers' beliefs and actions towards racial equality and civil rights stand in stark contrast to their professed ideals of equality and liberty. The Constitution, which they created, was designed to uphold the sovereignty and power of white people, as evidenced by the interpretation of "the People" in the document. This interpretation has been used to justify the exclusion and marginalisation of non-white citizens and the preservation of the white majority status quo.

The religious beliefs of the Founding Fathers have also been a subject of debate. While they publicly invoked divine assistance and appeared to be orthodox Christians, the influence of Deism on their thinking cannot be overlooked. Deism emphasised human experience and rationality over religious dogma, and many of the Founding Fathers may have held unorthodox religious views that influenced their embrace of liberal political ideals.

In conclusion, while the Founding Fathers are celebrated for their contributions to democracy and secular ideals, they fell short when it came to ensuring equal rights and liberties for all. Their actions and beliefs regarding race and gender reveal a disconnect between their professed ideals and their actual practices, demonstrating that they did not always practice what they preached.

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The legitimacy of a multiracial, multicultural America

Preston Terry Damsky, a law student at the University of Florida, has built a theoretical framework defending racially aware American nationalism without renouncing the Constitution. Damsky argues that the primary source of the Constitution's legitimacy is not its language but the sovereignty of "the People." According to Damsky, "the People" refers specifically to the white founders who established the nation-state through the Constitution, and any laws challenging the white majority status must be rejected. This interpretation aligns with the original intent of the Founding Fathers, who excluded non-white men, women, and those without property from the rights and liberties outlined in the Declaration of Independence and the Constitution.

However, others may argue that the Founding Fathers' ideals of equality and liberty, despite their own practices, have inspired generations of Americans to strive for a more inclusive and just society. The Declaration of Independence, though not initially inclusive, set a precedent for equality that later generations could use to advocate for the rights of those who had been historically marginalized. Crusaders against slavery and racism often quoted the Declaration of Independence to condemn the injustices faced by African Americans and other racial minorities.

Additionally, it is essential to acknowledge that America's demographics have significantly evolved since its founding. The country, once predominantly white, has become a multiracial and multicultural nation due to various historical, social, and economic factors. This demographic shift challenges the original racial consensus of the Founding Fathers and necessitates an interpretation of "the People" that is more inclusive and representative of the diverse citizenry that constitutes modern America.

In conclusion, while the Founding Fathers' original intent may have excluded non-white males, the interpretation of "the People" in the Constitution must adapt to reflect the evolving demographics and values of the nation. The legitimacy of a multiracial, multicultural America rests on recognizing the racial and cultural diversity that has always existed within its borders and ensuring that the rights and liberties proclaimed in the founding documents are accessible to all, regardless of race, gender, or socioeconomic status.

Frequently asked questions

The Constitution was drafted by educated white men of property, reflecting their perspective and interests. This exclusionary approach ensured that the rights and liberties enshrined in the Constitution were primarily intended for propertied white males, excluding women, African Americans, and non-white men.

The famous phrase "all men are created equal" from the Declaration of Independence, written by Thomas Jefferson, embodies an ideal that contradicted the reality of the time, as many of the Founding Fathers, including Jefferson, owned slaves.

The Constitution was based on the belief that certain fundamental rights needed to be protected by the government. However, the creators' biases influenced the interpretation and application of these rights, leading to the exclusion and denial of rights to non-white males and women.

During the civil rights movement, Dr. Martin Luther King, Jr. referenced the Declaration of Independence and the Constitution, emphasizing the promise of equality and liberty for all, regardless of race. Similarly, supporters of women's rights, such as the participants of the Seneca Falls Convention in 1848, used the Declaration of Independence as a guide to draft their Declaration of Sentiments, ultimately leading to the ratification of the 19th Amendment granting women the right to vote.

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