The Second Founding: How the Civil War and Reconstruction Remade the Constitution

The Second Founding: How the Civil War and Reconstruction Remade the Constitution
Author: Eric Foner
Publisher: W. W. Norton & Company
Total Pages: 228
Release: 2019-09-17
Genre: History
ISBN: 0393652580

“Gripping and essential.”—Jesse Wegman, New York Times An authoritative history by the preeminent scholar of the Civil War era, The Second Founding traces the arc of the three foundational Reconstruction amendments from their origins in antebellum activism and adoption amidst intense postwar politics to their virtual nullification by narrow Supreme Court decisions and Jim Crow state laws. Today these amendments remain strong tools for achieving the American ideal of equality, if only we will take them up.

The Promises of Liberty

The Promises of Liberty
Author: Alexander Tsesis
Publisher: Columbia University Press
Total Pages: 363
Release: 2010-09-30
Genre: History
ISBN: 0231520131

In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.

The Second Founding

The Second Founding
Author: Ilan Wurman
Publisher: Cambridge University Press
Total Pages: 199
Release: 2020-11-12
Genre: History
ISBN: 1108843158

In The Second Founding: An Introduction to the Fourteenth Amendment, Ilan Wurman provides an illuminating introduction to the original meaning of the Fourteenth Amendment's famous provisions 'due process of law,' 'equal protection of the laws,' and the 'privileges' or 'immunities' of citizenship. He begins by exploring the antebellum legal meanings of these concepts, starting from Magna Carta, the Statutes of Edward III, and the Petition of Right to William Blackstone and antebellum state court cases. The book then traces how these concepts solved historical problems confronting framers of the Fourteenth Amendment, including the comity rights of free blacks, private violence and the denial of the protection of the laws, and the notorious abridgment of freedmen's rights in the Black Codes. Wurman makes a compelling case that, if the modern originalist Supreme Court interpreted the Amendment in 'the language of the law,' it would lead to surprising and desirable results today.

Southern Slavery and the Law, 1619-1860

Southern Slavery and the Law, 1619-1860
Author: Thomas D. Morris
Publisher: Univ of North Carolina Press
Total Pages: 588
Release: 2004-01-21
Genre: Law
ISBN: 0807864307

This volume is the first comprehensive history of the evolving relationship between American slavery and the law from colonial times to the Civil War. As Thomas Morris clearly shows, racial slavery came to the English colonies as an institution without strict legal definitions or guidelines. Specifically, he demonstrates that there was no coherent body of law that dealt solely with slaves. Instead, more general legal rules concerning inheritance, mortgages, and transfers of property coexisted with laws pertaining only to slaves. According to Morris, southern lawmakers and judges struggled to reconcile a social order based on slavery with existing English common law (or, in Louisiana, with continental civil law.) Because much was left to local interpretation, laws varied between and even within states. In addition, legal doctrine often differed from local practice. And, as Morris reveals, in the decades leading up to the Civil War, tensions mounted between the legal culture of racial slavery and the competing demands of capitalism and evangelical Christianity.

These Truths: A History of the United States

These Truths: A History of the United States
Author: Jill Lepore
Publisher: W. W. Norton & Company
Total Pages: 733
Release: 2018-09-18
Genre: History
ISBN: 0393635252

“Nothing short of a masterpiece.” —NPR Books A New York Times Bestseller and a Washington Post Notable Book of the Year In the most ambitious one-volume American history in decades, award-winning historian Jill Lepore offers a magisterial account of the origins and rise of a divided nation. Widely hailed for its “sweeping, sobering account of the American past” (New York Times Book Review), Jill Lepore’s one-volume history of America places truth itself—a devotion to facts, proof, and evidence—at the center of the nation’s history. The American experiment rests on three ideas—“these truths,” Jefferson called them—political equality, natural rights, and the sovereignty of the people. But has the nation, and democracy itself, delivered on that promise? These Truths tells this uniquely American story, beginning in 1492, asking whether the course of events over more than five centuries has proven the nation’s truths, or belied them. To answer that question, Lepore wrestles with the state of American politics, the legacy of slavery, the persistence of inequality, and the nature of technological change. “A nation born in contradiction… will fight, forever, over the meaning of its history,” Lepore writes, but engaging in that struggle by studying the past is part of the work of citizenship. With These Truths, Lepore has produced a book that will shape our view of American history for decades to come.

The Law Is a White Dog - How Legal Rituals Make and Unmake Persons

The Law Is a White Dog - How Legal Rituals Make and Unmake Persons
Author: Colin Dayan
Publisher: Princeton University Press
Total Pages: 364
Release: 2013-03-03
Genre: Law
ISBN: 0691157871

A fascinating account of how the law determines or dismantles identity and personhood Abused dogs, prisoners tortured in Guantánamo and supermax facilities, or slaves killed by the state—all are deprived of personhood through legal acts. Such deprivations have recurred throughout history, and the law sustains these terrors and banishments even as it upholds the civil order. Examining such troubling cases, The Law Is a White Dog tackles key societal questions: How does the law construct our identities? How do its rules and sanctions make or unmake persons? And how do the supposedly rational claims of the law define marginal entities, both natural and supernatural, including ghosts, dogs, slaves, terrorist suspects, and felons? Reading the language, allusions, and symbols of legal discourse, and bridging distinctions between the human and nonhuman, Colin Dayan looks at how the law disfigures individuals and animals, and how slavery, punishment, and torture create unforeseen effects in our daily lives. Moving seamlessly across genres and disciplines, Dayan considers legal practices and spiritual beliefs from medieval England, the North American colonies, and the Caribbean that have survived in our legal discourse, and she explores the civil deaths of felons and slaves through lawful repression. Tracing the legacy of slavery in the United States in the structures of the contemporary American prison system and in the administrative detention of ghostly supermax facilities, she also demonstrates how contemporary jurisprudence regarding cruel and unusual punishment prepared the way for abuses in Abu Ghraib and Guantánamo. Using conventional historical and legal sources to answer unconventional questions, The Law Is a White Dog illuminates stark truths about civil society's ability to marginalize, exclude, and dehumanize.

The Thirteenth Amendment and American Freedom

The Thirteenth Amendment and American Freedom
Author: Alexander Tsesis
Publisher: NYU Press
Total Pages: 239
Release: 2004-12-12
Genre: History
ISBN: 0814782760

Tsesis explains why the 13th Amendment is essential to contemporary America, offering a fresh analysis of the role the Amendment has played regarding civil rights legislation.

Widening the Circle of Concern

Widening the Circle of Concern
Author: UUA Commission on Institutional Change
Publisher: Unitarian Universalist Association of Congregations
Total Pages: 224
Release:
Genre: Religion
ISBN: 155896861X

Appointed by the Board of Trustees of the Unitarian Universalist Association of Congregations in 2017, the UUA Commission on Institutional Change served through June 2020. Widening the Circle of Concern: Report of the UUA Commission on Institutional Change represents the culmination of the Commission’s work analyzing structural and systemic racism and white supremacy culture within Unitarian Universalism and makes recommendations to advance long-term cultural and institutional change that redeems the essential promise and ideals of Unitarian Universalism. The members and staff of the UUA Commission on Institutional Change were Chair Rev. Leslie Takahashi, Mary Byron, Cir L’Bert Jr., Rev. Dr. Natalie Fenimore, Dr. Elías Ortega, Caitlin Breedlove, DeReau K. Farrar, and Project Manager Rev. Marcus Fogliano.

Freedom to Discriminate

Freedom to Discriminate
Author: Gene Slater
Publisher: Heyday Books
Total Pages: 0
Release: 2021
Genre: African Americans
ISBN: 9781597145442

"Freedom to Discriminate uncovers realtors' definitive role in segregating America and shaping modern conservative thought"--