• Mamertine@lemmy.world
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    1 year ago

    It was only enslaved people that were counted at 3/5ths. Free blacks were counted as a whole person.

    From Wikipedia:

    Although the three-fifths clause was not formally repealed, it was effectively removed from the Constitution. In the words of the Supreme Court in Elk v. Wilkins, Section 2 “abrogated so much of the corresponding clause of the original Constitution as counted only three-fifths of such persons [slaves].”

    So it’s technically still in there, but moot with slavery being banned.