Comment by dragonwriter

And even where it does survive scrutiny based on the values of the factions involved in the compromise, it may not for other people in different contexts. I mean, we’re in an age where slavers are, like pirates and torturers, recognized as hostis humani generis, but many of the compromises in the Constitution are between two major factions, one of which thought slavery should be legally tolerated but not especially protected and favored, and the other of which thought that slavery should be specially protected and slavers should be rewarded with full extra votes for each slave – and the compromises all throughout the Constitution between those two factions tended to favor the latter faction. Sure, where it explicitly concerns slavery, those have been mostly reversed (outside of the open door for penal slavery), but the substructures agreed in compromises between those factions whose underlying purpose related to slavery but which did not reference it have been in many cases preserved, and even there defenders often can come up with little beyond “It’s working as designed”.