The Framers of course assumed that staets would have similar birth rates; they
also expected the South to grow faster than the North through immigration and
migration. They were wrong about that, at least before the invention of air
conditioning and ice makers!

Paul Finkelman

Douglas Deal wrote:

> Article 1, Section 2, Clause 3:
>
> "Representatives and direct Taxes shall be apportioned among the several
> States which may be included within this Union, according to their
> respective Numbers, which shall be determined by adding to the whole
> Number of free Persons, including those bound to Service for a Term of
> Years, and excluding Indians not taxed, three fifths of all other Persons.
> The actual Enumeration shall be made within three Years after the first
> Meeting of the Congress of the United States, and within every subsequent
> Term of ten years, in such Manner as they shall by Law direct."
>
> The best collections of original source materials on the meaning of (and
> debates over) this clause are to be found in Philip B. Kurland and Ralph
> Lerner, eds., The Founders' Constitution (1987), vol.2, pp.86-144; and
> John P. Kaminski, ed., A Necessary Evil? Slavery and the Debate over the
> Constitution (1995), pp.18-23, 43-54, passim (see index).
>
> The "whole Number of free Persons"--as determined by the federal census
> takers--has always included groups ineligible to vote. In that sense, the
> voting "clout" of many different states has been artificially inflated or
> deflated by their having above- or below-average numbers of non-voters of
> various kinds in the total population (children, women, new immigrants, et
> al.). Slaves are unusual in being the only group included *partially* in
> the total basis for representation/taxation. All others were included
> (100%), save for "Indians not taxed," who were excluded (0%).
>
> Douglas Deal
> Professor of History and Director of General Education
> State University of New York at Oswego
> Oswego, NY 13126
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> (315)-312-5631 (voice mail)
> (315)-312-3577 (FAX)
>
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--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK  74104-3189

phone 918-631-3706
Fax   918-631-2194
e-mail:   [log in to unmask]

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