The U.S. Supreme Court is finished for the term, but questions about accuracy should follow some justices into the next session in October. For example: Was Justice Sonia Sotomayor correct in her description of a key historical event in a recent dissenting opinion—or did she obscure details to suit…
in college admissions. As part of her dissent, she wrote that 18th-century lawmakers “accorded Southern States additional electoral power by counting three-fifths of their enslaved population in apportioning congressional seats.”
Yet history does not support this position, and while there were consequences to the three-fifths clause that both abolitionists and supporters of slavery did not intend, the evidence is clear: The three-fifths language acknowledged that slaves were people, not property, in the Constitution, and the clause reduced the count of each slave-supporting state’s population and limited their representation in Congress.
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