The problem of the relation between constitution and slavery is still present in contemporary American constitutionalism. The scholars are divided into three main groups: prosecutors, vindicators and historicists. The author considers this complicated question on the example of Thomas Jefferson and his thought. As we know, he was one of the Founding Fathers and the slaves owner at the same time. The main purpose of this article is the explanation of this ambiguity, which seems to be not only personal but first of all constitutional. For starting point the author takes the famous William Lloyd Garrison’s formulation – constitution as “a covenant with death and an agreement with hell”.

The American Constitution and the slavery question – „a covenant with death and an agreement with hell”

The problem of the relation between constitution and slavery is still present in contemporary American constitutionalism. The scholars are divided into three main groups: prosecutors, vindicators and historicists. The author considers this complicated question on the example of Thomas Jefferson and his thought. As we know, he was one of the Founding Fathers and the slaves owner at the same time. The main purpose of this article is the explanation of this ambiguity, which seems to be not only personal but first of all constitutional. For starting point the author takes the famous William Lloyd Garrison’s formulation – constitution as “a covenant with death and an agreement with hell”.