The Constitution and D.E. I.
On July 5, 1852, escaped slave and noted abolitionist Frederick Douglass stepped to the podium of Corinthian Hall in Rochester, New York. Asked to offer a July 4th oration, he agreed only to do so on July 5th since Independence Day was not a day for celebration for millions of still-enslaved African Americans.
While castigating the nation for the sin of slavery, he nevertheless proclaimed that the Constitution did not support it:
“In that instrument I hold there is neither warrant, license, nor sanction of the hateful thing; but, interpreted as it ought to be interpreted, the Constitution is a GLORIOUS LIBERTY DOCUMENT. Read its preamble, consider its purposes. Is slavery among them? Is it at the gateway? or is it in the temple? It is neither.”
Indeed, he continued:
“Now, take the constitution according to its plain reading, and I defy the presentation of a single pro-slavery clause in it. On the other hand it will be found to contain principles and purposes, entirely hostile to the existence of slavery.”
Douglass’s insistence that the Constitution did not sanction slavery would finally, by the 13th Amendment, be accepted with abolition. This is but one example of how the Constitution has served as a vehicle for including more Americans in the promise of the Declaration of Independence.
The Constitution can indeed be seen as a force for an inclusive America. Several further amendments showcase this power. The 14th Amendment made former slaves citizens and the 15th ensured the men among them could vote and that their children would also be citizens. The 17th Amendment gave male citizens the right to vote for Senators, no longer restricting that privilege to State legislatures. The 19th gave women the vote and the 23rd gave citizens in the District of Columbia the right to vote for electors in presidential elections. The 24th Amendment abolished the poll tax which had been used to exclude African Americans from voting and the 26th further achieved inclusion by extending the vote to anyone over 18.
None of this would have been accomplished without the First Amendment’s emphasis on viewpoint diversity. The Constitution, drafted in 1787 and ratified in 1788, was a product of only white men. After the First Amendment was ratified in 1791, its protections of the freedom of speech, press, religion, assembly and petition would before long magnify the voices of the full diversity of Americans and their ideas. That diversity led not only to a more inclusive society but more freedom, creativity, growth and prosperity. It remains a foundation of our liberties and greases the wheels of progress.
Diversity and inclusion have also, under the protections of the Constitution and its amendments, fostered a more equitable society. The 5th Amendment’s commitment to due process, bolstered by the 14th Amendment’s insistence that it be applied to all States and persons, has served as a vehicle to ensure justice, equal access and opportunity and the elimination of barriers to full participation in society.
Coincident with the push for diversity, equity and inclusion in these Constitutional amendments has not unexpectedly come concern by those who have felt the language for “appropriate legislation” to ensure the amendments’ intent is realized may have gone too far. That is expressed in the anger of some at D.E.I. today.
This current controversy reflects the tensions that always exist in a free society. The Constitution, of course, provides the mechanism to air, debate and resolve these tensions. Indeed, the ability to have discussions and debate about this is the very product of the diversity, equity and inclusion now guaranteed and achieved by the Constitution.
Our discussions and debates about D.E.I. can be productive if they are anchored in facts and reason and conducted civilly. Indeed, the Constitution can be viewed as the founders’ creation of a system to resolve contentious issues without resorting to violence. When marked by hyperbole and provocative rhetoric, however, our national dialogue dishonors the promise of the benefits of diversity, equity and inclusion built into the Constitution and its amendments.
The Preamble to the Constitution enjoins us, “We, the People,” to “form a more Perfect union.” The framers of the Constitution understood it was not perfect and might never become so. But it can become “more Perfect.” Like many of democracy’s challenges, the goal of our conversation and actions regarding D.E.I. should be a better America, not one marked by anger and division.
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