Reply #158: In 18th Century America, it was a grim reality, but not a Constitutional right

[Psephos]

Please quote that section of the Constitution that enumerates the right to own slaves. I'm being specific here: where is slavery explicitly enumerated as a right in the Constitution?

It's not.

Here are some views of framers, to give a sense of prevailing opinion:

Oliver Ellsworth, a signer of the Constitution, wrote a few months after the Convention adjourned, "All good men wish the entire abolition of slavery, as soon as it can take place with safety to the public, and for the lasting good of the present wretched race of slaves."

John Jay, an author of The Federalist, wrote in 1786, "It is much to be wished that slavery may be abolished. The honour of the States, as well as justice and humanity, in my opinion, loudly call upon them to emancipate these unhappy people. To contend for our own liberty, and to deny that blessing to others, involves an inconsistency not to be excused."

Patrick Henry, the eminent Virginian, was outspoken on the issue despite his citizenship in a slave state. In 1773, he wrote, "I believe a time will come when an opportunity will be offered to abolish this lamentable evil. Everything we do is to improve it, if it happens in our day; if not, let us transmit to our descendants, together with our slaves, a pity for their unhappy lot and an abhorrence of slavery."

The framers were politicians enough to know that compromise in form of a "sunset" provision on a *states* issue would be necessary to draw slave states into the robustly Federal Union, after the laxity, and eventual collapse, of the Articles of Confederation of 1776. Language in Article 1, Section 9 regarding the "migration or importation of persons" as any of the several states "think proper to admit" states that Congress may not interfere until 1808 with the states' decisions about who they think proper to admit. Read that as you will. As you might learn in ConLaw 100, this was an implicit warning to states about to form the Union to get their houses in order before Congress became empowered to enjoin them.

In accordance with this compromise, Congress passed a law outlawing the slave trade that became effective on January 1, 1808, the first day possible.

Meanwhile, the 13th Amendment specifically and unequivocally banishes slavery and indentured servitude. The 13th Amendment does not take away a right previously enjoyed. No such right had ever been enumerated. The 13th Amendment instead recognizes the natural right to live free and not be subject to slavery.

Now, back to the central argument in my post. I'd appreciate discussing that instead of quibbles with examples.