How We Know the US Constitution was Proslavery

Abstract

 This article argues that the 1787 Constitution was overwhelmingly proslavery, giving explicit recognition and multiple protections to only one form of property: slaves. It exempted only one type of international commerce from full congressional jurisdiction: the African slave trade; guaranteed that the free states could not interfere with ownership rights of only one kind of property: fugitive slaves; denied the states the power to regulate the status of only one type of person, a fugitive slave who was treated as property to be summarily “delivered up on Claim” to a person claiming ownership of the slave. Congressional apportionment took into account only one form of privately held property, by allocating representatives—and presidential electors—based on the number of slaves in a state. The Constitution made it impossible to end slavery by statute or amendment, because until the Civil War there always enough slave states to prevent a ratification of any Amendment, and as long as fifteen or more slave states were in the Union, they could block any constitutional amendment, even today in a fifty-state Union.

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