How the Constitution Faced Slavery without Saying Its Name

We explore how three clauses—and what’s left unsaid—shaped slavery’s legal status at the founding while pointing toward its moral illegitimacy. Dr. Michael Zuckert traces the tension between federal structure, state authority, and the Declaration’s promise of equality, and follows that thread to Reconstruction.• abolitionist charge of a pro‑slavery Constitution vs Lincoln’s limited‑accommodation view• three clauses: three‑fifths, slave trade to 1808, fugitive return• deliberate omission of the words slave and slavery• slavery as a state institution, not a federal one• representation mechanics and political power of slaveholders• commerce power, union threats, and the 1808 compromise• Article IV comity and the fugitive clause’s enforcement conflicts• legality vs legitimacy: Declaration ideals against state practice• escalation to Civil War and the 13th–15th Amendments• enduring legacy and limits of Reconstruction Check Out the Civic Literacy Curriculum!School of Civic and Economic Thought and LeadershipCenter for American Civics