A drafting ambiguity opened legal space for free-colored voting rights.

Evidence

At the time of the adoption of the constitution, in some states (New Hampshire, Massachusetts, New York, New Jersey and North Carolina) all free-born inhabitants, even though descended from African slaves, possessed the right of franchise of electors on equal terms with other citizens. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1384 (#corroborates, via linked claim)

It has already been shown that in five of the thirteen original states, colored persons then possessed the elective franchise, and were among those by whom the Constitution was ordained and established. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 494 (#corroborates, via linked claim)

The categories used in the legal process must be left ambiguous in order to permit the infusion of new ideas. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243 (#expands, via linked claim)

Categorization

  • XREF: connects to: Colored persons possessed voting rights in several original states during founding — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 494; Several early states granted free Black residents equal voting rights — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1384; Legal categories remain ambiguous to accommodate changing community values — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243

Broader Connections