BLACKS, CIVIL RIGHTS AND THE CONSTITUTION: ROAD MAP TO RIGHTS DENIED

The Preamble of the Constitution begins “We the People . . .” This phrase was interpreted to not include black people in the landmark Dred Scott decision in 1857. The rights of black people began to be recognized only as amendments to the Constitution were passed. While some white people believe that these amendments were passed to protect the rights of all individuals, the historical reality is that the rights of white American men have always been assumed and never been contested. The rights of black American men, as evidenced by the laws enacted prior to amendment of the Constitution, have never been assumed and frequently been contested.

FUGITIVE SLAVE ACT OF 1793
Congress enacted this Act to ensure that slave owners had the legal authority to reclaim their lost “property.” Many non-Southern whites tend to view slavery as something that occurred only in the South and that cannot be imputed to the entire federal government. But our laws indicate that the institution of slavery received considerable encouragement and protection from the federal government. It was not just passively tolerated but legislatively protected.

FUGITIVE SLAVE ACT OF 1850
Congress enacted this Act to give the courts more power to enforce the fugitive slave laws. It provided that more resources be committed to assist slave owners in securing the return of any lost “property.” Again, this Act demonstrates that the federal government was heavily involved in protecting the institution of slavery.

EMANCIPATION PROCLAMATION
On September 22, 1862, President Abraham Lincoln, who reportedly believed in white supremacy, officially made slavery an issue of the Civil War. This proclamation is often misconstrued as the proclamation that set slaves free, and Lincoln is frequently viewed as the man who freed slaves. But as you can imagine, slavery was not abolished by one proclamation. Slavery officially ended when the Thirteenth Amendment was passed–after thousands of people, white and black, lost their lives in the Civil War, largely fought over the issue of slavery.

ARTICLE I, SECTION 3 OF THE UNITED STATES CONSTITUTION (1788): BLACKS AS THREE-FIFTHS OF A PERSON
“ Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons."

FOURTH AMENDMENT (1791)
“ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

FIFTH AMENDMENT (1791)
“ No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

THIRTEENTH AMENDMENT (1865)
“ . . . Neither slavery nor involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

FOURTEENTH AMENDMENT (1868)
“ . . . No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. . .”

FIFTEENTH AMENDMENT (1870)
“ . . . The right of citizens of the United States to vote shall not be denied or abridged by the United States of by any State on account of race, color, or previous condition of servitude. . .” By the way, this amendment applied only to black men. In 1870, women did not have the right to vote. It was not until 1920, when the Nineteenth Amendment was adopted, that all women gained the right to vote.

Information adapted from More Justice More Peace, The Black Person’s Guide to the American Legal System, Nedra Campbell
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