Three-Fifths of a Question

Earl Maltz emaltz at camden.rutgers.edu
Tue Jan 10 18:35:28 PST 2006


1.  That depends if the baseline is no representation based on slave 
population, or full representation based on slave population.

2.  Even if one accepts the "no representation" baseline, then Elkins and 
Mckitrick demonstrate convincingly that (as it worked out) the Three-Fifths 
Clause merely compensated for other distortions, and that Jefferson would 
have probably won a straight popular vote.

At 03:15 PM 1/10/2006 -0600, Frank Cross wrote:

>Remember that politics controls taxation, the states could protect 
>themselves in Congress.  And back then almost all taxation was tariffs, I 
>think.
>Incidentally, the Chernow biography of Hamilton says in passing that 
>Jefferson's election to the presidency and maybe the other Virginians 
>would not have occurred absent the electoral college effects of the 3/5 
>rule.  If so, it had some pretty remarkable effects on our government that 
>remain today.
>
>
>At 03:01 PM 1/10/2006, DavidEBernstein at aol.com wrote:
>>Why were the southern states so eager to have slaves counted for 
>>population purposes?  Obviously, they wanted more representation in the 
>>House and electoral college, but the Constitution also provided that 
>>"direct Taxes shall be apportioned" among the several States by 
>>population.  Why weren't the southern delegates concerned that their 
>>states would get socked with disproportionate taxation? Did they expect 
>>limited direct taxes? Or is this a case where the interests of the 
>>political class (more political power) diverged from the public's 
>>interest (less taxes)?
>>
>>David E. Bernstein
>>Visiting Professor
>>University of Michigan School of Law
>>Professor
>>George Mason University School of Law
>>http://mason.gmu.edu/~dbernste
>>_______________________________________________
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>
>**********************************************************
>
>Frank Cross
>McCombs School of Business
>The University of Texas at Austin
>1 University Station B6000
>Austin, TX 78712-1178
>_______________________________________________
>To post, send message to Conlawprof at lists.ucla.edu
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