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Slavery and the United States Constitution facts for kids

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The United States Constitution is a very important document that sets up how the U.S. government works. Even though it didn't use the words "slave" or "slavery," it had rules that protected slavery in several parts. This was a big deal when the Constitution was written in 1787 and approved in 1789.

Slavery When the Constitution Was Written

When the Constitution was being made, some states had already banned slavery. These included states in New England, like Massachusetts and Connecticut. Pennsylvania had also ended slavery. The government at the time, called the Congress of the Confederation, had also banned slavery in the Northwest Territory.

However, slavery was still common in other states, especially in the South. Most enslaved people there were forced to work on farms, growing crops.

Why Slavery Grew in the South

Many people who helped write the Constitution thought slavery might just disappear over time. This was because crops like tobacco were wearing out the soil, making them less profitable. They thought slavery would fade away, just as it had in the more industrial North.

But this changed after the Constitution was adopted. In 1793, a new machine called the cotton gin was invented. This machine made it much easier and faster to separate cotton fibers from their seeds. Cotton then became a very profitable crop for Southern plantations. This invention made slavery even more important to the Southern economy, and it did not die out as some had expected.

Was the Constitution For or Against Slavery?

Throughout American history, people have argued about whether the Constitution supported slavery or opposed it. It's a complex question because the document has parts that seem to do both.

Parts That Protected Slavery

Historian James Oakes points out that some parts of the Constitution clearly helped protect slavery. Two important examples are:

  • The Fugitive Slave Clause: This rule said that if an enslaved person escaped to a free state, they had to be returned to their owner.
  • The Three-Fifths Clause: This rule decided that for every five enslaved people, three would be counted for a state's population. This gave Southern states more power in Congress, even though enslaved people couldn't vote.

These clauses were like the "bricks and mortar" that built a Constitution that supported slavery, according to Oakes.

Parts That Opposed Slavery

However, Oakes also says there was an "antislavery Constitution." Here are some points that suggest the Constitution was against slavery:

  • Power over Territories: Congress was given the power to make "all needful rules and regulations" for new territories. For many years, people believed this meant the government could ban slavery in these new areas.
  • Human Equality: Many people felt that the idea of all humans being equal was a basic principle of the Constitution.
  • "Blessings of Liberty": The Preamble, which is the introduction to the Constitution, states that one of the government's goals was to "secure the blessings of liberty." This suggests freedom for everyone.
  • Due Process: The Fifth Amendment says that "no person" can be deprived of life, liberty, or property without "due process of law." This means everyone should be treated fairly by the law.

Unwritten Rules and Different Views

The debate over slavery and the Constitution also involved ideas not directly written in the document. For example, it was widely agreed that Congress could not "interfere" with slavery or abolition within a state. Also, the Constitution doesn't directly say that people have a "right to own other people."

Since the Constitution was created by people who had different ideas about slavery, it's not surprising that it could be read in different ways. Some saw it as protecting slavery, while others saw it as supporting freedom.

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