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