Slavery and American Law: Slave Codes and Landmark Cases

Maya Hall
10 min read
Study Guide Overview
This study guide covers Slavery and American Law, focusing on the Constitution (Three-Fifths Compromise, Fugitive Slave Clause), Slave Codes (variations, key features, responses to resistance), race-based legal restrictions in free and slave states, and the Dred Scott decision. It analyzes required sources like the Louisiana and South Carolina Slave Codes, Articles I and IV of the Constitution, and the Dred Scott case. The guide also provides exam tips, common question types, and practice questions covering these topics.
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#๐๏ธ Slavery and American Law: Foundations of Inequality
#๐ Constitutional Underpinnings
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The U.S. Constitution, while not explicitly using the words "slave" or "slavery," contained provisions that protected and perpetuated the institution. ๐คฏ
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Three-Fifths Compromise (Article I, Section 2): Enslaved people counted as โ of a person for representation and taxation. This boosted the political power of slaveholding states. โ๏ธ
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Fugitive Slave Clause (Article IV, Section 2): Required states to return escaped enslaved people to their enslavers, even if they fled to a free state. This made the entire nation complicit in slavery. ๐๐พโโ๏ธ
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These clauses show how slavery was embedded in the nation's foundation, even as some framers tried to avoid explicit mention.
#๐ Slave Codes in the Americas
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Slave codes were sets of laws that defined enslaved people as property, not human beings. They were designed to control and oppress. ๐
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Key Features:
- Denied basic human rights and legal protections. ๐ซ
- Prohibited literacy, gatherings, weapon possession, and certain clothing. ๐ ๐ช ๐
- Harsh punishments for violations, including whipping, branding, and death. ๐
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Variations existed across the Americas (e.g., Code Noir in French colonies, Cรณdigo Negro in Spanish colonies), but all aimed to maintain white supremacy.
#โ๏ธ Race-Based Legal Restrictions
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Laws and codes created a racial hierarchy, granting privileges to white people while denying them to Black individuals. ๐
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Examples:
- Limited access to education, skilled trades, and property ownership. ๐ ๐ ๏ธ ๐ก
- Prohibited interracial marriages and relationships. ๐
- Denied the right to testify against white people in court. ๐ง๐พโโ๏ธ
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Don't forget that these restrictions were designed to limit upward mobility and maintain control.
#๐ซ Free State Discrimination Laws
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Even in "free" states, Black people faced discrimination and restrictions. ๐
- Examples:
- Laws barring free African Americans from entering or settling in the state. ๐ช
- Voting restrictions (e.g., property ownership requirements). ๐ณ๏ธ
- Prohibitions against testifying against white people in court. ๐ง๐พโโ๏ธ
- Examples:
Only Wisconsin and Iowa granted Black men the right to vote before the 15th Amendment.
#โ Slave Code Responses to Resistance
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Slave codes were not static; they evolved in response to acts of resistance. ๐ก
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Example:
- The Stono Rebellion (1739) led to harsher restrictions in South Carolina, including bans on drumming and assembly. ๐ฅ
- Increased patrols and surveillance to suppress resistance. ๐ฎ๐พ
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Remember that resistance was a constant factor in shaping slave laws.
#๐ South Carolina's 1740 Slave Code
- A particularly harsh example of slave codes, demonstrating the extent of control enslavers sought. ๐
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