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Elizabeth Jo

๐Ÿ‘ค Speaker
486 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So in a sense, we don't really need to talk about this clause, which allowed a slave owner to cross state lines, seize the fugitive enslaved person, go to court to prove ownership, and then receive legal authorization to go back to their home state with the enslaved person.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

You know, the entire aspect of this clause is irrelevant because of the 13th Amendment, which abolishes slavery.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

But I thought we'd pause here for a moment just to note that this is just another instance in which our foundational current document that organizes our government has a reference to slavery.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It's just one more.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And yet it doesn't even do so directly, right?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

The Fugitive Slave Clause doesn't even use the word slave here.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It refers to a person held to serve or labor in one state escaping into another.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Although at the time, everyone understood that this reference was to enslave people and enslave people only.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So, you know, here you have this kind of historical marker in the Constitution that has no legal effect anymore, but it reminds us of kind of the very flawed origins of the document itself.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Right.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And again, I mean, that's another interesting thing, too, that just reflects the fact that the document itself is not an idealized one.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It's the result of political compromise.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So, I mean, these are this is sort of the baked in part of the document.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

We can't escape the fact that it has this very, you know, again, flawed origin here.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

That's right.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Let's move right along to Section 3.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And Section 3 of Article 4 has two parts.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

The first part includes the admissions clause.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And that is how we allow or admit new states to the Union.