Three-Fifths Compromise
CLEP American Government, Chapter 3
Three-Fifths Compromise
Once House representation was tied to population, delegates had to decide how slavery would affect apportionment. Slaveholding states wanted enslaved people included when seats were allocated even though those states denied them voting rights and legal freedom. Other delegates resisted allowing a state to gain representation from people it treated as property. The resulting provision counted the whole number of free persons, excluded "Indians not taxed," and added three-fifths of "all other Persons" when House seats and direct taxes were apportioned among the states.
The clause did not declare that an enslaved person was three-fifths human, and it did not grant anyone three-fifths of a vote. It was an allocation formula. Enslaved people could not choose the representatives whose number increased because they were counted. The immediate political beneficiaries were the voting electorate and governing leadership of slaveholding states. Those states also gained presidential electors because each state's electoral total later combined its House and Senate representation. Direct-tax liability was the formula's paired burden, but direct federal taxes were uncommon; the representational advantage proved more important.
Calling the provision a compromise should not obscure the coercion on which it operated. Enslaved people were not parties bargaining over partial inclusion. Delegates allocated power among states while leaving bondage intact. The clause helped slaveholding interests exercise greater influence in Congress and presidential politics than their voting populations alone would have produced. It therefore joined institutional design to a moral wrong: human beings denied political agency became the basis for additional governing power in the hands of enslavers.
The Thirteenth Amendment later abolished slavery, and Section 2 of the Fourteenth Amendment replaced the three-fifths formula with a rule based on the whole number of persons in each state. The original rule no longer governs apportionment. For exam purposes, identify three elements: the clause concerned House apportionment and direct taxes; it increased slaveholding-state power without enfranchising enslaved people; and it is not the Constitution's present apportionment rule. Do not confuse it with the separate ban on ending the international slave trade before 1808.
Video lesson: Constitutional Compromises: Crash Course Government and Politics #5
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