Limitations of Liberty and Equality

The American Constitution and the Bill of Rights exemplified the strengths and the limits of what came to be called classical liberalism. Liberty meant individual freedoms and political safeguards. Liberty also meant representative government, but it did not mean democracy, with its principle of one person, one vote. Equality meant equality before the law, not equality of political participation or wealth. It did not mean equal rights for slaves, indigenous peoples, or women.

A vigorous abolitionist movement during the 1780s led to the passage of emancipation laws in all northern states, but slavery remained prevalent in the South, and discord between pro- and antislavery delegates roiled the Constitutional Convention of 1787. The result was a compromise stipulating that an enslaved person would count as three-fifths of a person in tallying population numbers for taxation and proportional representation in the House of Representatives. This solution levied higher taxes on the South, but also guaranteed slaveholding states greater representation in Congress, which they used to oppose emancipation. Congress did ban slavery in federal territory in 1789, then the export of slaves from any state, and finally, in 1808, the import of slaves to any state.

The new republic also failed to protect the Native American tribes whose lands fell within or alongside the territory ceded by Britain at the Treaty of Paris. The 1787 Constitution promised protection to Native Americans and guaranteed that their land would not be taken without consent. Nonetheless, the federal government forced tribes to concede their land for meager returns; state governments and the rapidly expanding population paid even less heed to the Constitution and often simply seized Native American land for new settlements.

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Although lacking the voting rights enjoyed by so many of their husbands and fathers in the relatively democratic colonial assemblies, women played a vital role in the American Revolution. As household provisioners, women were essential participants in boycotts of British goods, like tea, which squeezed profits from British merchants and fostered the revolutionary spirit. After the outbreak of war, women raised funds for the Continental Army and took care of homesteads, workshops, and other businesses when their men went off to fight. Yet despite Abigail Adams’s plea to her husband, John Adams, that the framers of the Declaration of Independence should “remember the ladies,” women did not receive the right to vote in the new Constitution, an omission confirmed by a clause added in 1844. (See “Evaluating the Evidence 19.1: Abigail Adams, ‘Remember the Ladies.’”)