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http://ssrn.com/abstract=1105376
 
 

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Affirmative Action for the Master Class: The Creation of the Proslavery
Constitution


Paul Finkelman


Albany Law School - Government Law Center

1999

Akron Law Review, Vol. 32, No. 423, 1999

Abstract:     
In 1787 the Constitutional Convention made a series of compromises on slavery that led to the creation of a proslavery Constitution. This article argues that this was the nation's first form of "affirmative action" as the Constitution explicitly protected only one form of private property: slaves. The Constitution of 1787 was a proslavery document, designed to prevent any national assault on slavery, while at the same time structured to protect the interests of slave owners at the expense of African Americans and their antislavery white allies. To understand this earliest form of affirmative action, this article examines the argument that the constitution was proslavery and then explains the Convention that wrote the Constitution and the document that convention produced.

Number of Pages in PDF File: 48

Keywords: affirmative action, Constitutional Convention of 1787

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Date posted: March 13, 2008 ; Last revised: August 12, 2009

Suggested Citation

Finkelman, Paul, Affirmative Action for the Master Class: The Creation of the Proslavery Constitution (1999). Akron Law Review, Vol. 32, No. 423, 1999. Available at SSRN: http://ssrn.com/abstract=1105376

Contact Information

Paul Finkelman (Contact Author)
Albany Law School - Government Law Center ( email )
80 New Scotland Avenue
Albany, NY 12208
United States

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