Our Founders’ Fears: The Roots of the Criminalization of African Americans

Abstract

The origin of the criminalization of African Americans is often considered to be the period after the Civil War with the passage of a series of repressive laws called the Black Codes. However, I argue that the progenitor of this criminalization originated over 80 years earlier during the Founding Era, particularly following the British royal governor of Virginia’s proclamation in 1775 that promised to free all enslaved people who fought on the side of the British. The Founders feared any actions from the Black population to obtain their freedom and equal rights. Therefore, the Founders criminalized all aspects of their lives which was discussed at federal and state constitutional conventions, codified in the United States Constitution and confirmed at the First Congress of the United States. This was the catalyst for the laws and policies that negatively influence the present-day criminal justice system that disproportionately impacts African Americans.