Slavery and the Constitution

Compromises on Representation

  • the “Connecticut compromise” (big vs small states):
    • a bicameral legislature
    • house representation determined by population
    • senate with equal representation
  • the “3/5” compromise” (free vs slave states")
    • house and electoral college representative for each state was based on total free population + 3/5 of “all other persons” (enslaved)

Slavery and The Constitution

  • never referenced by name, important impacts:
    • 3/5 compromise
    • fugitive slave clause
    • reopening atlantic slave trade until 1808 (20 years)
  • in short: put off a clear decision, hoping slavery would die out
  • but,
    • offered limited recognition/protection of enslaved human property
    • tied slavery to states’ relative power in federal government
    • representation in the house
    • presidential electors

Ratifying the Constitution

  • took effect after 9 states ratified via special conventions
    • some conventions defied voters’ instructions
    • probably couldn’t have passed via popular vote
  • national debates, 1787-88
    • federalists (supporters of constitution) vs antifederalists (critics/opponents)
  • federalists pushed hard to ratify
    • focused first on winnable states
    • persuaded convention delegates and other elites in-person and in-print
    • agreed to pass Bill of Rights (after ratification) to win over opponents
  • 9 states reached in June 1788

A Document of Compromises and Contradictions

  • “we the people” invoked a nation that didn’t exist yet
  • colonial legacies unsolved:
    • equality before the law
    • gender (inclusion of women)
    • race and slavery
    • state vs federal power
    • gradually tied to slavery issue
    • democratic participation vs elite power