As people critically examine the country’s founding history, what might they be surprised to learn from your research that can inform their understanding of American history today?
Two things. First, the toughest question we face in thinking about the nation’s founding pivots on whether the slaveholding South should have been part of it or not. If you think it should have been, it is difficult to imagine how the framers of the Constitution could have attained that end without making some set of “compromises” accepting the legal existence of slavery. When we discuss the Constitutional Convention, we often praise the compromise giving each state an equal vote in the Senate and condemn the Three Fifths Clause allowing the southern states to count their slaves for purposes of political representation. But where the quarrel between large and small states had nothing to do with the lasting interests of citizens – you never vote on the basis of the size of the state in which you live – slavery was a real and persisting interest that one had to accommodate for the Union to survive.
Second, the greatest tragedy of American constitutional history was not the failure of the framers to eliminate slavery in 1787. That option was simply not available to them. The real tragedy was the failure of Reconstruction and the ensuing emergence of Jim Crow segregation in the late 19th century that took many decades to overturn. That was the great constitutional opportunity that Americans failed to grasp, perhaps because four years of Civil War and a decade of the military occupation of the South simply exhausted Northern public opinion. Even now, if you look at issues of voter suppression, we are still wrestling with its consequences.
You argue that in the decades after the Declaration of Independence, Americans began understanding the Declaration of Independence’s affirmation that “all men are created equal” in a different way than the framers intended. How did the founding fathers view equality? And how did these diverging interpretations emerge?
When Jefferson wrote “all men are created equal” in the preamble to the Declaration, he was not talking about individual equality. What he really meant was that the American colonists, as a people, had the same rights of self-government as other peoples, and hence could declare independence, create new governments and assume their “separate and equal station” among other nations. But after the Revolution succeeded, Americans began reading that famous phrase another way. It now became a statement of individual equality that everyone and every member of a deprived group could claim for himself or herself. With each passing generation, our notion of who that statement covers has expanded. It is that promise of equality that has always defined our constitutional creed.