Blacks and the Constitution

Paper Summary:

This paper discusses the legal treatment of Black Americans by the Constitution and the Supreme Court and how it evolved over time. The paper begins with a review of the structure that denied the full humanity of blacks, and that tends more and more over time toward full equality in the law, though the extend to which this has been achieved, remains arguable.

From the Paper:

"The legal treatment of Black Americans by the Constitution and the Supreme Court evolved over time, beginning with a structure that denied the full humanity of blacks and tending more and more over time toward full equality in the law, though how much this has been achieved remains arguable. Blacks were brought to this country as slaves beginning in the colonial era, and the American Revolution left most blacks still part of this so-called Peculiar Institution, a situation that remained true for almost a century until the issuance of the Emancipation Proclamation in 1863. When the Constitution was written, both blacks and women, among others, were excluded from full participation. Women were excluded because the document states that "men" have full rights."

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