Race, Rights, and the Thirteenth Amendment

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ISBN 13 :
Total Pages : 69 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Race, Rights, and the Thirteenth Amendment by : Carter, Jr. (William M.)

Download or read book Race, Rights, and the Thirteenth Amendment written by Carter, Jr. (William M.) and published by . This book was released on 2019 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court has held that the Thirteenth Amendment prohibits slavery or involuntary servitude and also empowers Congress to end any lingering quot;badges and incidents of slavery.quot; The Court, however, has failed to provide any guidance as to defining the badges and incidents of slavery when Congress has failed to identify a condition or form of discrimination as such. This has led the lower courts to conclude that the judiciary's role under the Thirteenth Amendment is limited to enforcing only the Amendment's prohibition of literal enslavement. This article has two primary objectives. First, it offers an interpretive framework for defining the badges and incidents of slavery that is true to both the Amendment's drafters' original purposes and that can also serve as a vibrant remedy for the legacies of slavery. The Thirteenth Amendment should neither be construed as a dead letter whose purpose was served with the removal of the freedmen's bonds nor as a limitless remedy for all forms of discrimination. Rather, the Amendment must be interpreted in an evolutionary manner, but with specific regard to the experience of the victims of human bondage in the United States (i.e., African-Americans) and the destructive effects that the system of slavery had upon American society, laws, and customs. Second, this Article explains that the judiciary has concurrent power with Congress to define and offer redress for the badges and incidents of slavery. Limiting the Amendment, in the absence of Congressional action, to literal enslavement ignores the Amendment's Framers' expressed original intent that the Amendment itself would eliminate all lingering vestiges of the slave system. Furthermore, such an interpretation violates separation of powers principles by imputing to Congress the ability to legislate under the Amendment's Enforcement Clause against conditions that purportedly do not in any way violate the Amendment itself. Even in the absence of Congressional action, the judiciary should enforce the Thirteenth Amendment's promise to eliminate the badges or incidents of slavery.

Slave Badges and the Slave-Hire System in Charleston, South Carolina, 1783-1865

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Publisher : McFarland
ISBN 13 : 0786440902
Total Pages : 209 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Slave Badges and the Slave-Hire System in Charleston, South Carolina, 1783-1865 by : Harlan Greene

Download or read book Slave Badges and the Slave-Hire System in Charleston, South Carolina, 1783-1865 written by Harlan Greene and published by McFarland. This book was released on 2008-09-08 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The slave-hire system of Charleston, South Carolina, in the 1700s and the 1800s produced a curious object--the slave badge. The badges were intended to legislate the practice of hiring a slave from one master to another, and slaves were required by law to wear them. Slave badges have become quite collectible and have excited both scholarly and popular interest in recent years. This work documents how the slave-hire system in Charleston came about, how it worked, who was in charge of it, and who enforced the laws regarding slave badges. Numerous badge makers are identified, and photographs of badges, with commentary on what the data stamped on them mean, are included. The authors located income and expense statements for Charleston from 1783 to 1865, and deduced how many slaves were hired out in the city every year from 1800 on. The work also discusses forgeries of slave badges, now quite common. There is a section of 20 color plates.

The Badges of Slavery

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ISBN 13 :
Total Pages : 82 pages
Book Rating : 4.:/5 (844 download)

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Book Synopsis The Badges of Slavery by : Michelle L. Black Smith

Download or read book The Badges of Slavery written by Michelle L. Black Smith and published by . This book was released on 1998 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Badge of Slavery and the Illusion of Freedom

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Publisher :
ISBN 13 :
Total Pages : 13 pages
Book Rating : 4.:/5 (796 download)

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Book Synopsis The Badge of Slavery and the Illusion of Freedom by : Selwyn H. H. Carrington

Download or read book The Badge of Slavery and the Illusion of Freedom written by Selwyn H. H. Carrington and published by . This book was released on 1987 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Badges and Indicia of Slavery

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Publisher :
ISBN 13 :
Total Pages : 242 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Badges and Indicia of Slavery by :

Download or read book Badges and Indicia of Slavery written by and published by . This book was released on 1975 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Present Case Stated, Or, the Oaths of Allegiance and Supremacy No Badges of Slavery

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Publisher : Palala Press
ISBN 13 : 9781342118998
Total Pages : 38 pages
Book Rating : 4.1/5 (189 download)

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Book Synopsis The Present Case Stated, Or, the Oaths of Allegiance and Supremacy No Badges of Slavery by : Anonymous

Download or read book The Present Case Stated, Or, the Oaths of Allegiance and Supremacy No Badges of Slavery written by Anonymous and published by Palala Press. This book was released on 2015-09-09 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Badges of Slavery

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ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis Badges of Slavery by : Vanessa Hahn Lierley

Download or read book Badges of Slavery written by Vanessa Hahn Lierley and published by . This book was released on 2013 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis is set in the context of the Reconstruction to examine the United States Supreme Court interpretation of federalism, African American civil rights and the Fourteenth Amendment. This thesis first compares federalism before and after the Civil War and the need to include Africans Americans in post war society. This thesis then explores arguments and debates surrounding the passage of the Fourteenth Amendment and the civil rights legislation. Finally, this thesis analyzes the United States Supreme Court's interpretation of the Fourteenth Amendment and new civil rights legislation. During Reconstruction the United States Supreme Court upheld the traditional values of federalism and, therefore, the federal government could not interfere with state governments' protection of African American civil rights.

"Badges of Slavery"

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Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.:/5 (844 download)

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Book Synopsis "Badges of Slavery" by : Sean T. Gillane

Download or read book "Badges of Slavery" written by Sean T. Gillane and published by . This book was released on 2008 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

"A Protection to the Laborer"

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Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.:/5 (39 download)

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Book Synopsis "A Protection to the Laborer" by : Alisha Marie Cromwell

Download or read book "A Protection to the Laborer" written by Alisha Marie Cromwell and published by . This book was released on 2008 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Degraded Caste of Society

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Publisher : University of Georgia Press
ISBN 13 : 0820367117
Total Pages : 383 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis A Degraded Caste of Society by : Andrew T. Fede

Download or read book A Degraded Caste of Society written by Andrew T. Fede and published by University of Georgia Press. This book was released on 2024-10-01 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privileged private white interracial violence, which became a badge of slavery that continued to influence the law in action, contrary to the Constitution’s mandate of equal protection of the criminal law. The U.S. Supreme Court enabled this denial of equal justice, as did Congress, which did not make all private white racially motivated violence a crime until 2009, when it adopted the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Fede’s analysis supports that law’s constitutionality under the Thirteenth Amendment, while suggesting why—during the Jim Crow era and beyond—equal protection of the criminal law was not always realized, and why the curse of interracial violence has been a lingering badge of slavery.

Repair

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Publisher : Haymarket Books
ISBN 13 : 1608466264
Total Pages : 169 pages
Book Rating : 4.6/5 (84 download)

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Book Synopsis Repair by : Katherine Franke

Download or read book Repair written by Katherine Franke and published by Haymarket Books. This book was released on 2019-05-21 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: A compelling case for reparations based on powerful, first-person accounts detailing both the horrors of slavery and past promises made to its survivors. Katherine Franke makes a powerful case for reparations for Black Americans by amplifying the stories of formerly enslaved people and calling for repair of the damage caused by the legacy of American slavery. Repair invites readers to explore the historical context for reparations, offering a detailed account of the circumstances that surrounded the emancipation of enslaved Black people in two unique contexts, the Sea Islands of South Carolina and Davis Bend, Mississippi, Jefferson Davis’s former plantation. Through these two critical historical examples, Franke unpacks intergenerational, systemic racism and white privilege at the heart of American society and argues that reparations for slavery are necessary, overdue and possible. Praise for Repair “Essential . . . Franke engages the original debates concerning the conditions upon which newly freed Black people would rebuild their lives after slavery. Franke powerfully illustrates the repercussions of the unfilled promise of land redistribution and other broken promises that consigned African Americans to another one hundred years of second-class citizenship. Franke passionately argues that the continuation of those vast disparities between Black and white people in U.S. society—a product of slavery itself—means that the struggle for reparations remains a relevant demand in the current movements for racial justice.” —Keeanga-Yamahtta Taylor, author of From #BlackLivesMatter to Black Liberation “Repair revisits the revolutionary era of Reconstruction . . . when the redistribution of land and wealth as recompense for unrequited toil could have secured genuine freedom for Black people rather than a future of racial inequality, exploitation, marginalization, and precarity . . . . Franke makes a persuasive case for reparations as at least a first step toward creating the conditions for genuine freedom and justice, not only for African Americans but for all of us.” —Robin D. G. Kelley, author of Freedom Dreams: The Black Radical Imagination “Katherine Franke argues for a type of Black freedom that is material and felt—freedom that is more than a poetic nod to claims of American moral comeuppance. Repair . . . is a critical text for our times that demands an honest reckoning with the consequences, and afterlife, of the sin that was chattel enslavement. It is bold call for reparations and costly atonement.” —Darnell L. Moore, author of No Ashes in the Fire: Coming of Age Black & Free in America “Katherine Franke is consistently one of the sharpest, most conscientious thinkers in progressive politics. In a time defined by crisis and conflict, Katherine is among that small number of thinkers whom I find indispensable.” —Jelani Cobb, New Yorker columnist and author of The Substance of Hope

Final Freedom

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Publisher : Cambridge University Press
ISBN 13 : 1139428004
Total Pages : 325 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Final Freedom by : Michael Vorenberg

Download or read book Final Freedom written by Michael Vorenberg and published by Cambridge University Press. This book was released on 2001-05-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines emancipation after the Emancipation Proclamation of 1863. Focusing on the making and meaning of the Thirteenth Amendment, Final Freedom looks at the struggle among legal thinkers, politicians, and ordinary Americans in the North and the border states to find a way to abolish slavery that would overcome the inadequacies of the Emancipation Proclamation. The book tells the dramatic story of the creation of a constitutional amendment and reveals an unprecedented transformation in American race relations, politics, and constitutional thought. Using a wide array of archival and published sources, Professor Vorenberg argues that the crucial consideration of emancipation occurred after, not before, the Emancipation Proclamation; that the debate over final freedom was shaped by a level of volatility in party politics underestimated by prior historians; and that the abolition of slavery by constitutional amendment represented a novel method of reform that transformed attitudes toward the Constitution.

Constitution

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ISBN 13 :
Total Pages : 66 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Constitution by : United States

Download or read book Constitution written by United States and published by . This book was released on 1893 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Oaths of Allegiance and Supremacy, No Badges of Slavery

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (752 download)

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Book Synopsis The Oaths of Allegiance and Supremacy, No Badges of Slavery by :

Download or read book The Oaths of Allegiance and Supremacy, No Badges of Slavery written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Promises of Liberty

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Publisher : Columbia University Press
ISBN 13 : 0231141440
Total Pages : 364 pages
Book Rating : 4.2/5 (311 download)

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Book Synopsis The Promises of Liberty by : Alexander Tsesis

Download or read book The Promises of Liberty written by Alexander Tsesis and published by Columbia University Press. This book was released on 2010 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Widening the Circle of Concern

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Publisher : Unitarian Universalist Association of Congregations
ISBN 13 : 155896861X
Total Pages : 224 pages
Book Rating : 4.5/5 (589 download)

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Book Synopsis Widening the Circle of Concern by : UUA Commission on Institutional Change

Download or read book Widening the Circle of Concern written by UUA Commission on Institutional Change and published by Unitarian Universalist Association of Congregations. This book was released on with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

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Publisher : W. W. Norton & Company
ISBN 13 : 0393652580
Total Pages : 288 pages
Book Rating : 4.3/5 (936 download)

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Book Synopsis The Second Founding: How the Civil War and Reconstruction Remade the Constitution by : Eric Foner

Download or read book The Second Founding: How the Civil War and Reconstruction Remade the Constitution written by Eric Foner and published by W. W. Norton & Company. This book was released on 2019-09-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time. The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States. Eric Foner’s compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre–Civil War mass meetings of African-American “colored citizens” and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.