Equality as a Constitutional Concept

Maryland Law Review 44 (Fall 1987).


I begin by setting the stage for a question. I then ask it. Put yourself in the position of a delegate to the Constitutional Convention in Philadelphia in 1787. You are an antislavery white person or, perhaps, a black person. Or imagine yourself one of the few black persons eligible to vote for delegates to the state ratifying conventions. Do you, as a delegate, vote for the Constitution? Or, as a voter, do you vote for someone pledged to vote in favor of ratification?

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Maryland Law Review