Slavery and the Constitution: An immoral compromise?
2013 Walter Berns Constitution Day Lecture
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Event Summary

On September 17, 1787, delegates at the Constitutional Convention in Philadelphia approved the Constitution for ratification by the states. Two-hundred and twenty-six years later, AEI's Program on American Citizenship celebrated the occasion by hosting its second annual Walter Berns Constitution Day Lecture. Michael Zuckert of the University of Notre Dame spoke on the topic of slavery at the Constitutional Convention.

Zuckert noted that the debate over slavery's place in the Constitution is divided into two factions: "neo-Lincolnians" who argue that the Constitution provided minimal protection to the institution of slavery, and "neo-Garrisonians" who condemn the Constitution for its perceived promotion of slavery.

However, in tracing the historical context of the constitutional provisions linked to slavery -- the Fugitive Slave Clause, the Three-Fifths Clause, and the slave trade clause -- Zuckert found that the Constitution neither endorsed slavery nor wholly rejected it. Instead, he suggested a third, more historically accurate interpretation called "neo-Madisonian," in which slavery remained legal but was not considered legitimate.

The framers, he argued, believed that slavery would eventually fade away on its own, and they thus limited the new federal government's involvement with slavery to only those issues that required addressing for comity among the states.

The lecture was held in honor of Walter Berns, AEI's great constitutional scholar. At the event, AEI President Arthur Brooks announced a new website devoted to the scholarship of Walter Berns: WalterBerns.org.
--Will Hawkins

Event Description

This year marks the 150th anniversary of the issuance of the Emancipation Proclamation and the 50th anniversary of the March on Washington, seminal events in America’s effort to deal with and overcome the legacy of slavery. Key to understanding that legacy is the place of slavery at the 1787 Constitutional Convention and thence in the US Constitution.

Join us on September 17 for the second annual Walter Berns Constitution Day Lecture as Michael Zuckert, Nancy Reeves Dreux Professor and department chair of political science at the University of Notre Dame, critically examines the leading “pro-” and “anti-slavery” interpretations of the Constitutional Convention and offers an alternative analysis tied to a more accurate and less anachronistic reading of the principles and politics of the founding era.

If you are unable to attend, we welcome you to watch the event live on this page. Full video will be posted within 24 hours.

Agenda

4:45 PM
Registration

5:00 PM
Introduction
Arthur Brooks, AEI

5:10 PM
Remarks
Michael Zuckert, University of Notre Dame
 
6:00 PM
Adjournment and Wine & Cheese Reception

Event Contact Information

For more information, please contact Will Hawkins at will.hawkins@aei.org, 202.862.5946.

Media Contact Information

For media inquiries, please contact MediaServices@aei.org, 202.862.5829.

Speaker Biographies

Arthur C. Brooks is the president of AEI. Until January 1, 2009, he was the Louis A. Bantle Professor of Business and Government Policy at Syracuse University. He is the author of 10 books and many articles on topics ranging from the economics of the arts to applied mathematics. His most recent books include “The Road to Freedom: How to Win the Fight for Free Enterprise” (Basic Books, 2012), “The Battle: How the Fight between Free Enterprise and Big Government Will Shape America's Future” (Basic Books, May 2010), “Gross National Happiness” (Basic Books, 2008), “Social Entrepreneurship” (Prentice-Hall, 2008), and “Who Really Cares” (Basic Books, 2006). Before pursuing his work in public policy, Brooks spent 12 years as a professional French hornist with the City Orchestra of Barcelona and other ensembles.

Michael Zuckert is Nancy Reeves Dreux Professor and department chair of political science at the University of Notre Dame, where he teaches graduate and undergraduate courses in political philosophy and theory, American political thought, and American constitutional law, among others. Zuckert has published extensively on a variety of topics related to political theory, including writing “Natural Rights and the New Republicanism” (Princeton University Press, 1994) and the award-winning “The Natural Rights Republic” (University of Notre Dame Press, 1997). He coauthored and coproduced the public radio series “Mr. Adams and Mr. Jefferson: A Nine Part Drama for the Radio;” was senior scholar for Liberty!, a six-hour public television series on the American Revolution; and served as a senior adviser to the PBS series on Benjamin Franklin and Alexander Hamilton. He is currently completing “Natural rights and the New Constitutionalism,” a study of American constitutionalism in a theoretical context.

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AEI Participants

 

Arthur C.
Brooks
  • Arthur C. Brooks is president of the American Enterprise Institute (AEI). He is also the Beth and Ravenel Curry Scholar in Free Enterprise at AEI.

    Immediately before joining AEI, Brooks was the Louis A. Bantle Professor of Business and Government at Syracuse University, where he taught economics and social entrepreneurship.

    Brooks is the author of 10 books and hundreds of articles on topics including the role of government, fairness, economic opportunity, happiness, and the morality of free enterprise. His latest book, “The Road to Freedom: How to Win the Fight for Free Enterprise” (2012) was a New York Times bestseller. Among his earlier books are “Gross National Happiness” (2008), “Social Entrepreneurship” (2008), and “Who Really Cares” (2006). Before pursuing his work in public policy, Brooks spent 12 years as a classical musician in the United States and Spain.

    Brooks is a frequent guest on national television and radio talk shows and has been published widely in publications including The New York Times, The Wall Street Journal, and The Washington Post.

    Brooks has a Ph.D. and an M.Phil. in policy analysis from RAND Graduate School. He also holds an M.A. in economics from Florida Atlantic University and a B.A. in economics from Thomas Edison State College.


    Follow Arthur Brooks on Twitter.

  • Assistant Info

    Name: Danielle Duncan
    Phone: 202.419.5213
    Email: danielle.duncan@aei.org
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