2.14 The Constitution and Slavery

Slavery embedded in the Constitution

The 1787 U.S. Constitution never used the word "slave" but protected slavery through compromise clauses. The Three-Fifths Compromise counted enslaved people as three-fifths of a person for representation and taxation, boosting Southern political power in Congress and the Electoral College while denying enslaved people rights.

Protecting the slave trade and slaveholders

The Fugitive Slave Clause required escaped enslaved people to be returned to their enslavers, even in free states. The Slave Trade Clause prevented Congress from banning the international slave trade until 1808, giving enslavers decades of continued importation before any restriction took effect.

A contradictory founding document

These clauses reveal the tension between America's founding ideals of liberty and equality and the reality of chattel slavery. Enslaved and free Black Americans, along with abolitionists, condemned the Constitution as a pro-slavery document, while others argued it could be reinterpreted to support abolition.

Key terms

Three-Fifths Compromise

Constitutional provision counting enslaved people as three-fifths of a person for representation and taxation purposes.

Fugitive Slave Clause

Required escaped enslaved people be returned to their enslavers, even from free states.

Slave Trade Clause

Prevented Congress from banning the international slave trade until 1808.

Constitutional silence on 'slave'

The Constitution never uses the word 'slave' but still legally protects slavery through euphemistic clauses.

Abolitionist critique of the Constitution

Many Black Americans and abolitionists viewed the Constitution as a pro-slavery document contradicting ideals of liberty and equality.

Try an AP-style question

The Three-Fifths Compromise counted enslaved people…

1. as full citizens with votes
2. not at all in the census
3. as property with no count
4. as three-fifths of a person