When arguing that the Constitution stems from, and continues to reflect, “systemic racism,” critics point to Article I, Section 2, Clause 3—the “three-fifths compromise.” They do so even though the three-fifths compromise was amended out of the document more than 150 years ago.
By way of illustration, a 2011 Time magazine cover story asserted, “The framers ... gave us the idea that a black person was three-fifths of a human being.” In 2021, Time doubled down with a column stating that “the Constitution defined African-Americans as only three-fifths of a person.” Similarly, a Teen Vogue item misinformed its young readers with these words: