IT IS ONE OF THE UNDENIABLY CORRUPT aspects of the United States Constitution as drafted by the idiotically idolized framers that the slave-power, the Southern states and their Northern Allies - who were not an inconsiderable part of the slave-power - that the slave-power insisted on counting slaves in apportioning representatives to the House of Representatives even as those slaves would never be represented by the House members elected from those states. The white-supremacists, the slave-power insisted that, in truth THEY, THE ENSLAVERS, THE WHITE SUPREMACISTS, be given additional representation through that mechanism. Which is exactly the same thing that the Republican-fascists in Texas and other states trying to gerrymander their Congressional districts before next years mid-terms are trying to do. Though as I and others have pointed out, it was one of the consequences of de jure emancipation of slaves that the 3/5ths of stolen representation apportioned on their behalf would be enhanced to a full 5/5ths representation under de facto slavery, the Jim Crow that reigned for the majority of time after the Civil war. That corruption was baked into the Senate - apportioning far more representation to low population states to start with and giving all of the Senate representation in the many more states where Black People, Women, etc. were not allowed to vote to the minority of white men. Even if there was universal suffrage the Senate would carry the taint of inequality through its very definition under the corrupt Constitutional system. I believe Franklin was the only one of the framers who favored a unicameral legislature, I wouldn't be surprised if that anti-democratic structuring of the Senate had a lot to do with that.
Some of the worst of that might have been different in American history if Reconstruction had continued to completion. Reconstruction was supposed to do for the United States what the more, at least temporarily successful, de-Nazification did in West Germany though far less effective in the Stalinist East Germany and not much in Austria which was idiotically deemed to not need it since they'd been overrun by Germany in the Anschluss Reconstruction's failure was also a product of the slave-power and their Northern allies in the original Constitutional Convention through the adoption of the totally corrupt Electoral College which led to one of the several corrupt deals under it which had Rutherford Hayes sell out emancipated slaves to get the support of white-supremacist Southerners in Congress by promising to end Reconstruction.
Among other things relevant to my criticism of the First Amendment and its idiotic, perhaps unintended creation of the notion that there is such a thing as a "right to lie" is the fact that such provisions prevented the United States government from outlawing lynching. The first federal anti-lynching law was prevented - especially in the slave-empowered Senate - from being adopted until March 7th, 2022 when Joe Biden signed the Emmett Till Antilynching Act into law.
let me repeat that
THE FIRST FEDERAL ANTI-LYNCHING LAW WAS PREVENTED FROM BEING ADOPTED UNTIL MARCH 7TH OF 2022!
I have absolutely no confidence that the Roberts Court or an even more Republican-fascist (you can read "white supremacist" with complete accuracy) packed Supreme Court will knock it down, either by direct action or through its increasing and cowardly shadow docket practice as one of the Trump-McConnell-Grassley atrocities on the federal bench knocks it down which you know many of them would like to do.
So, you can see my criticism of the Constitution as the "pro-slavery compact" that the Abolitionist Wendell Phillps truthfully described it has had the most serious of consequences for Black People, other People of Color and the prevention of legitimate government, egalitarian democracy in the United States. If he had lived about twelve more years he could have seen the Supreme Court, using the Constitution as an excuse, enhance the de facto slave-power even more through the Plessey decision. And that Court was modest in its outrageous white supremacist (you can read that "Republican-fascist" with total accuracy) partisan, corruption. The Roberts Court is now polling as the least trusted Court in the history of polling on that question. Not that it bothers them, in their billionaire-millionaire padded and, self-exempted corruption. It's yet another idiotic aspect of the Constitution that they failed to find any provisions to keep that Court honest - which it hasn't been since 1803 and the Marbury power grab.
I used to share the fear of a new Constitutional Convention being corrupted by the billionaires and millionaires and their kept media and politicians and lawyers and judges and "justices" making things worse but that fear disappeared with the rise of the Rehnquist (Bush v Gore among others) and the Roberts Court which is imposing those corruptions without any consultation of the Voters being involved. Charles Pierce isn't wrong in his fear but he's naive if he thinks that's not exactly what we are seeing happening right now, every week, every day of the week, hourly, right now.
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