Critique the following constitutional provision protecting the property of slave owners. What would be an advantage of this policy? “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.” (1 point)
Responses
Taxes are divided on an equal basis regardless of race, ensuring taxation is fair.
Identifying enslaved people as property ensures that Southern slave states remain part of the Union.
The national government assesses taxation on an equal basis, regardless of state population size.
States retain the power to decide what taxes will be paid to the federal government, thus increasing state autonomy.
One advantage of this policy is that it ensured the southern slave states would remain part of the Union. By counting enslaved individuals as three-fifths of a person for the purposes of apportioning taxes and representation, it placated the slave states and prevented them from potentially seceding from the Union. This helped maintain the stability and unity of the country during a time when tensions over slavery were high.
The above constitutional provision is known as the Three-Fifths Compromise, which was included in the United States Constitution in 1787. It stated that enslaved individuals would be counted as three-fifths of a person when determining a state's population, which in turn influenced the apportionment of representatives and direct taxes.
Now, let's analyze the advantages of this policy:
1. Taxes are divided on an equal basis regardless of race, ensuring taxation is fair: One potential advantage of this policy is that it does not discriminate based on race when it comes to taxation. By counting enslaved individuals as three-fifths of a person, the policy appears to be treating all individuals equally, regardless of their status as slaves. This perspective argues that fairness was intended by not excluding the entirety of the enslaved population from representation and tax burdens.
2. Identifying enslaved people as property ensures that Southern slave states remain part of the Union: Another advantage is that this provision helped maintain the unity of the Union at a time when slavery was a divisive issue. By recognizing enslaved individuals as property, it possibly provided some comfort to Southern states with large slave populations, ensuring their continued participation in the newly formed nation. This compromise aimed to strike a balance between the interests of the Northern and Southern states, allowing for the formation of a stronger federation.
It is important to note that while there may be perceived advantages, the Three-Fifths Compromise ultimately helped perpetuate the institution of slavery and had far-reaching negative consequences. It dehumanized enslaved individuals, perpetuated their oppression, and perpetuated the power dynamics between slaveholding and non-slaveholding states. The provision was finally abolished with the passage of the 13th Amendment to the US Constitution in 1865, which abolished slavery.
Please remember that analyzing historical policies should be done with sensitivity and the understanding that our values and understanding of justice have evolved over time.
Critique: The constitutional provision in question is the "three-fifths compromise," which counts three-fifths of the enslaved population towards a state's total population for the purpose of determining representation in the House of Representatives and apportioning direct taxes. This provision is widely regarded as morally wrong and discriminatory, as it treated enslaved individuals as property rather than human beings with equal rights. It perpetuated the institution of slavery and allowed slaveholding states to maintain political power while denying enslaved individuals representation and agency.
Advantage: One proposed advantage of this policy is that by identifying enslaved people as property, it ensured that Southern slave states would remain part of the Union. This compromise was a delicate balancing act between the interests of slaveholding states and those opposing slavery, aiming to maintain unity among the states and prevent a potential split in the early years of the United States. By counting enslaved individuals as part of the population, it ensured that the slaveholding states would have a significant presence and influence in the federal government.
It is important to note that this advantage was specific to the historical context of the time and does not justify or excuse the inherent injustice and violation of human rights associated with the institution of slavery. The three-fifths compromise was a compromise born out of political necessity but had profound and lasting negative consequences, contributing to the perpetuation of slavery and further divisions between the North and the South in the lead up to the Civil War.