Abstract

http://ssrn.com/abstract=1432125
 
 

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The Root of the Problem: How the Proslavery Constitution Shaped American Race Relations


Paul Finkelman


Albany Law School - Government Law Center

2003

Barry Law Review, Vol. 4, No. 1, 2003

Abstract:     
This article is about how the Constitution, prior to the 13th Amendment, gave special protection to slavery as a way to preserve the southern economy and racial control. The words “negro,” “black,” and “slave” were left out of the Constitution itself to expedite the process and avoid antagonizing northern constituents, though descriptions were clear and unmistakable. Special treatment provided by the “three-fifths clause,” “slave trade clause,” “capitation tax clause,” “fugitive slave clause,” and the prohibition of any amendment of the salve importation or capitation clauses before 1808 guaranteed that slavery was protected.

Number of Pages in PDF File: 17

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Date posted: July 12, 2009  

Suggested Citation

Finkelman, Paul, The Root of the Problem: How the Proslavery Constitution Shaped American Race Relations (2003). Barry Law Review, Vol. 4, No. 1, 2003. Available at SSRN: http://ssrn.com/abstract=1432125

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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