this is exactly right
Paul Finkelman
Constantine Gutzman wrote:
> In my understanding, the 14th Amendment's provision was not an echo of, but
> was entirely opposite, the 3/5 clause. The latter allowed citizens in
> slaveholding regions augmented representation because they held bondsmen,
> while the 14th Amendment was intended to reduce the representation of the
> southern states in proportion to the number of freedmen they disfranchised;
> in other words, former masters no longer would benefit in federal
> apportionment by the presence of people they had subjugated.
> Constantine Gutzman
> ----- Original Message -----
> From: "James Hershman" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Friday, February 15, 2002 10:47 AM
> Subject: Re: 3/5 Compromise
>
> > Sorry if I created confusion. The 3/5 Compromise was adopted at the 1789
> > Constitutional Convention. The reference to the 14th Amendment, adopted in
> > 1868, was that the provision requiring a full reduction in representation
> for
> > the portion of the population denied the ballot was a reaction against, or
> at
> > least an echo, of the antebellum argument over the 3/5 representation of
> > slaves.
> >
> > Jim Hershman
> >
> > Diana Bennett wrote:
> >
> > > One final question on the 3/5 Compromise... From the previous listings I
> > > gather that the 3/5 Compromise was adopted as the 14th Amendment to the
> > > U. S. Constitution when it was written in 1779-ish. Is this correct?
> > >
> > > Diana Bennett
> > >
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--
Paul Finkelman
Chapman Distinguished Professor
University of Tulsa College of Law
3120 East 4th Place
Tulsa, Oklahoma 74104-2499
918-631-3706 (office)
918-631-2194 (fax)
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