Civil Rights, the Constitution, and Congress, 1863-1869

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Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Civil Rights, the Constitution, and Congress, 1863-1869 by : Earl M. Maltz

Download or read book Civil Rights, the Constitution, and Congress, 1863-1869 written by Earl M. Maltz and published by . This book was released on 1990 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a close analysis of legislative proceedings and of the precise language used, Maltz builds a strong case that Congressional actions on civil rights, including statutes such as the Freedman's Bureau Bill, the District of Columbia Suffrage Bill, and the Civil Rights Act of 1866, as well as the thirteenth, fourteenth, and fifteenth amendments of the early Reconstruction era generally reflected the ideology and intentions of the more conservative Republicans. These "moderates" advocated limited absolute equality rather than total racial equality and opposed the undue federal regulation of private and state actions.

The Constitution and Civil Rights

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ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis The Constitution and Civil Rights by : Milton Ridvas Konvitz

Download or read book The Constitution and Civil Rights written by Milton Ridvas Konvitz and published by . This book was released on 1947 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Fourth Amendment

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Publisher : University of Michigan Press
ISBN 13 : 0472903713
Total Pages : 431 pages
Book Rating : 4.4/5 (729 download)

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Book Synopsis The Fourth Amendment by : Michael J. Z. Mannheimer

Download or read book The Fourth Amendment written by Michael J. Z. Mannheimer and published by University of Michigan Press. This book was released on 2023-08-22 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states’ rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.

Congress and the First Civil Rights Era, 1861-1918

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Publisher : University of Chicago Press
ISBN 13 : 022675636X
Total Pages : 343 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Congress and the First Civil Rights Era, 1861-1918 by : Jeffery A. Jenkins

Download or read book Congress and the First Civil Rights Era, 1861-1918 written by Jeffery A. Jenkins and published by University of Chicago Press. This book was released on 2021-05-25 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Civil War Years, 1861-1865 -- The Early Reconstruction Era, 1865-1871 -- The Demise of Reconstruction, 1871-1877 -- The Redemption Era, 1877-1891 -- The Wilderness Years, 1891-1918.

Our Documents

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Publisher : Oxford University Press
ISBN 13 : 0198042272
Total Pages : 257 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Our Documents by : The National Archives

Download or read book Our Documents written by The National Archives and published by Oxford University Press. This book was released on 2006-07-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Documents is a collection of 100 documents that the staff of the National Archives has judged most important to the development of the United States. The entry for each document includes a short introduction, a facsimile, and a transcript of the document. Backmatter includes further reading, credits, and index. The book is part of the much larger Our Documents initiative sponsored by the National Archives and Records Administration (NARA), National History Day, the Corporation for National and Community Service, and the USA Freedom Corps.

Landmark Debates in Congress

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Publisher : SAGE
ISBN 13 : 0872899764
Total Pages : 529 pages
Book Rating : 4.8/5 (728 download)

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Book Synopsis Landmark Debates in Congress by : Stephen W. Stathis

Download or read book Landmark Debates in Congress written by Stephen W. Stathis and published by SAGE. This book was released on 2009 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines more than fifty significant congressional debates, arranged in chronological order and accompanied by introductory essays that outline the opposing forces and historical context of each debate.

Justice Stephen Field

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ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Justice Stephen Field by : Paul Kens

Download or read book Justice Stephen Field written by Paul Kens and published by . This book was released on 1997 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outspoken and controversial, Stephen Field served on the Supreme Court from his appointment by Lincoln in 1863 through the closing years of the century. No justice had ever served longer on the Court, and few were as determined to use the Court to lead the nation into a new and exciting era. Paul Kens shows how Field ascended to such prominence, what influenced his legal thought and court opinions, and why both are still very relevant today. One of the famous gold rush forty-niners, Field was a founder of Marysville, California, a state legislator, and state supreme court justice. His decisions from the state bench and later from the federal circuit court often placed him in the middle of tense conflicts over the distribution of the land and mineral wealth of the new state. Kens illuminates how Field's experiences in early California influenced his jurisprudence and produced a theory of liberty that reflected both the ideals of his Jacksonian youth and the teachings of laissez-faire economics. During the time that Field served on the U.S. Supreme Court, the nation went through the Civil War and Reconstruction and moved from an agrarian to an industrial economy in which big business dominated. Fear of concentrated wealth caused many reformers of the time to look to government as an ally in the preservation of their liberty. In the volatile debates over government regulation of business, Field became a leading advocate of substantive due process and liberty of contract, legal doctrines that enabled the Court to veto state economic legislation and heavily influenced constitutional law well into the twentieth century. In the effort to curb what he viewed as the excessive power of government, Field tended to side with business and frequently came into conflict with reformers of his era. Gracefully written and filled with sharp insights, Kens' study sheds new light on Field's role in helping the Court define the nature of liberty and determine the extent of constitutional protection of property. By focusing on the political, economic, and social struggles of his time, it explains Field's jurisprudence in terms of conflicting views of liberty and individualism. It firmly establishes Field as a persuasive spokesman for one side of that conflict and as a prototype for the modern activist judge, while providing an important new view of capitalist expansion and social change in Gilded Age America.

"We Will Be Satisfied With Nothing Less"

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Publisher : Cornell University Press
ISBN 13 : 0801463653
Total Pages : 231 pages
Book Rating : 4.8/5 (14 download)

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Book Synopsis "We Will Be Satisfied With Nothing Less" by : Hugh Davis

Download or read book "We Will Be Satisfied With Nothing Less" written by Hugh Davis and published by Cornell University Press. This book was released on 2011-08-15 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historians have focused almost entirely on the attempt by southern African Americans to attain equal rights during Reconstruction. However, the northern states also witnessed a significant period of struggle during these years. Northern blacks vigorously protested laws establishing inequality in education, public accommodations, and political life and challenged the Republican Party to live up to its stated ideals. In "We Will Be Satisfied With Nothing Less", Hugh Davis concentrates on the two issues that African Americans in the North considered most essential: black male suffrage rights and equal access to the public schools. Davis connects the local and the national; he joins the specifics of campaigns in places such as Cincinnati, Detroit, and San Francisco with the work of the National Equal Rights League and its successor, the National Executive Committee of Colored Persons. The narrative moves forward from their launching of the equal rights movement in 1864 to the "end" of Reconstruction in the North two decades later. The struggle to gain male suffrage rights was the centerpiece of the movement's agenda in the 1860s, while the school issue remained a major objective throughout the period. Following the ratification of the Fifteenth Amendment in 1870, northern blacks devoted considerable attention to assessing their place within the Republican Party and determining how they could most effectively employ the franchise to protect the rights of all citizens.

Equal Citizenship, Civil Rights, and the Constitution

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Publisher : Routledge
ISBN 13 : 1317539400
Total Pages : 230 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Equal Citizenship, Civil Rights, and the Constitution by : Christopher Green

Download or read book Equal Citizenship, Civil Rights, and the Constitution written by Christopher Green and published by Routledge. This book was released on 2015-11-19 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

Rethinking Constitutional Law

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ISBN 13 :
Total Pages : 168 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Rethinking Constitutional Law by : Earl M. Maltz

Download or read book Rethinking Constitutional Law written by Earl M. Maltz and published by . This book was released on 1994 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maltz reformulates the justification for originalist review and refines originalist theory itself; he argues that a pure originalist approach mandates excessive judicial intervention under the Constitution; and he shows that most nonoriginalist theorists have failed to provide a sufficient functional justification for nonoriginalist intervention.

A Political Nation

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Publisher : University of Virginia Press
ISBN 13 : 0813932831
Total Pages : 272 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis A Political Nation by : Gary W. Gallagher

Download or read book A Political Nation written by Gary W. Gallagher and published by University of Virginia Press. This book was released on 2012-06-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This impressive collection joins the recent outpouring of exciting new work on American politics and political actors in the mid-nineteenth century. For several generations, much of the scholarship on the political history of the period from 1840 to 1877 has carried a theme of failure; after all, politicians in the antebellum years failed to prevent war, and those of the Civil War and Reconstruction failed to take advantage of opportunities to remake the nation. Moving beyond these older debates, the essays in this volume ask new questions about mid-nineteenth-century American politics and politicians. In A Political Nation, the contributors address the dynamics of political parties and factions, illuminate the presence of consensus and conflict in American political life, and analyze elections, voters, and issues. In addition to examining the structures of the United States Congress, state and local governments, and other political organizations, this collection emphasizes political leaders—those who made policy, ran for office, influenced elections, and helped to shape American life from the early years of the Second Party System to the turbulent period of Reconstruction. The book moves chronologically, beginning with an antebellum focus on how political actors behaved within their cultural surroundings. The authors then use the critical role of language, rhetoric, and ideology in mid-nineteenth-century political culture as a lens through which to reevaluate the secession crisis. The collection closes with an examination of cultural and institutional influences on politicians in the Civil War and Reconstruction years. Stressing the role of federalism in understanding American political behavior, A Political Nation underscores the vitality of scholarship on mid-nineteenth-century American politics. Contributors: Erik B. Alexander, University of Tennessee, Knoxville · Jean Harvey Baker, Goucher College · William J. Cooper, Louisiana State University · Daniel W. Crofts, The College of New Jersey · William W. Freehling, Virginia Foundation for the Humanities · Gary W. Gallagher, University of Virginia · Sean Nalty, University of Virginia · Mark E. Neely Jr., Pennsylvania State University · Rachel A. Shelden, Georgia College and State University · Brooks D. Simpson, Arizona State University · J. Mills Thornton, University of Michigan, Ann Arbor

States' Rights and the Union

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Publisher : University Press of Kansas
ISBN 13 : 0700612270
Total Pages : 304 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis States' Rights and the Union by : Forrest McDonald

Download or read book States' Rights and the Union written by Forrest McDonald and published by University Press of Kansas. This book was released on 2000-10-24 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forrest McDonald has long been recognized as one of our most respected and provocative intellectual hsitorians. With this new book, he once again delivers an illuminating meditation on a major theme in American history and politics. Elegantly and accessibly written for a broad readership, McDonald's book provides an insightful look at states' rights-an issue that continues to stir debate nationwide. From constitutional scholars to Supreme Court justices to an electorate that's grown increasingly wary of federal power, the concept of states' rights has become a touchstone for a host of political and legal controversies. But, as McDonald shows, that concept has deep roots that need to be examined if we're to understand its implications for current and future debates. McDonald's study revolves around the concept of imperium in imperio-literally "sovereignty within sovereignty" or the division of power within a single jurisdiction. With this broad principle in hand, he traces the states' rights idea from the Declaration of Independence to the end of Reconstruction and illuminates the constitutional, political, and economic contexts in which it evolved. Although the Constitution, McDonald shows, gave the central government expansive powers, it also legitimated the doctrine of states' rights. The result was an uneasy tension and uncertainty about the nature of the central government's relationship to the states. At times the issue bubbled silently and unseen beneath the surface of public awareness, but at other times it exploded. McDonald follows this episodic rise and fall of federal-state relations from the Hamilton-Jefferson rivalry to the Virginia and Kentucky Resolutions, New England's resistance to Jefferson's foreign policy and the War of 1812, the Nullification Controversy, Andrew Jackson's war against the Bank of the United States, and finally the vitriolic public debates that led to secession and civil war. Other scholars have touched upon these events individually, but McDonald is the first to integrate all of them from the perspective of states' rights into one synthetic and magisterial vision. The result is another brilliant study from a masterful historian writing on a subject of great import for Americans.

Liberty, Property, and Privacy

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Publisher : Penn State Press
ISBN 13 : 0271041633
Total Pages : 258 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Liberty, Property, and Privacy by : Edward Keynes

Download or read book Liberty, Property, and Privacy written by Edward Keynes and published by Penn State Press. This book was released on 2010-11-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Edward Keynes examines the fundamental-rights philosophy and jurisprudence that affords constitutional protection to unenumerated liberty, property, and privacy rights. He is critical of the failure of the U.S. Supreme Court to adopt a coherent theory for identifying which rights are to be considered fundamental and how these private rights are to be balanced against the public interests that the government has a duty to articulate and promote. Keynes develops his argument by first surveying how substantive due process grew out of the tradition of Anglo-American jurisprudence and came to evolve over time. He pays special attention to the shift in its application early in the twentieth century, from protecting &"liberty of contract&" against economic regulation to protecting &"privacy&" and other noneconomic rights (as in Roe v. Wade) against social regulation.

Keeping Faith with the Constitution

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Publisher : Oxford University Press
ISBN 13 : 0199750661
Total Pages : 272 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Keeping Faith with the Constitution by : Goodwin Liu

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

The Two Reconstructions

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Publisher : University of Chicago Press
ISBN 13 : 0226845273
Total Pages : 349 pages
Book Rating : 4.2/5 (268 download)

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Book Synopsis The Two Reconstructions by : Richard M. Valelly

Download or read book The Two Reconstructions written by Richard M. Valelly and published by University of Chicago Press. This book was released on 2009-10-02 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2005 J. David Greenstone Book Award from the Politics and History section of the American Political Science Association. Winner of the 2005 Ralph J. Bunche Award of the American Political Science Association Winner of the 2005 V.O. Key, Jr. Award of the Southern Political Science Association The Reconstruction era marked a huge political leap for African Americans, who rapidly went from the status of slaves to voters and officeholders. Yet this hard-won progress lasted only a few decades. Ultimately a "second reconstruction"—associated with the civil rights movement and the Voting Rights Act—became necessary. How did the first reconstruction fail so utterly, setting the stage for the complete disenfranchisement of Southern black voters, and why did the second succeed? These are among the questions Richard M. Valelly answers in this fascinating history. The fate of black enfranchisement, he argues, has been closely intertwined with the strengths and constraints of our political institutions. Valelly shows how effective biracial coalitions have been the key to success and incisively traces how and why political parties and the national courts either rewarded or discouraged the formation of coalitions. Revamping our understanding of American race relations, The Two Reconstructions brilliantly explains a puzzle that lies at the heart of America’s development as a political democracy.

Encyclopedia of the Reconstruction Era [2 volumes]

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313013993
Total Pages : 933 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Encyclopedia of the Reconstruction Era [2 volumes] by : Richard Zuczek

Download or read book Encyclopedia of the Reconstruction Era [2 volumes] written by Richard Zuczek and published by Bloomsbury Publishing USA. This book was released on 2006-08-30 with total page 933 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstruction sought to bring order from the tremendous social, political, economic, physical, and constitutional changes wrought by secession and the Civil War, changes that included the abolition of slavery, the expansion of governmental power and constitutional jurisdiction, the rise of the Republican Party, the explosion of northern industry and the national market, and the appearance of a social dynamism that supported struggles by new social groups for political and civil equality. In American history, Reconstruction is the term applied to the period 1862-1877, when the United States sought to bring order from the tremendous social, political, economic, physical, and constitutional changes wrought by secession and the Civil War.The decision by eleven southern states to attempt secession and reject the national government, and the decision by the federal government under President Abraham Lincoln to deny that attempt and enforce federal law, unleashed forces that forever changed the American Republic. These changes included the abolition of slavery, the expansion of governmental power and constitutional jurisdiction, the rise of the Republican Party, the explosion of northern industry and the national market, and the appearance of a social dynamism that supported struggles by new social groups for political and civil equality. No one anticipated the totality, the viciousness, and the intensity of the civil war, and as a result no one was prepared to deal with its consequences. Topics covered include who should direct Reconstruction; how the federal government treated conquered states, their governments, and their soldiers; the role of the freed people in the new republic; and how the war altered the Constitution, the party system, and the American economy, among many others. Many entries describe and analyze the lives, careers, and impacts of the individuals, North and South, black and white, who shaped the course of Reconstruction, including the following: Ames, Adelbert Bruce, Blanche K. Douglass, Frederick Gordon, John B. Hancock, Winfield S. Howard, Oliver O. Pinchback, Pinckney B.S. Revels, Hiram R. Sheridan, Philip H. Wade, Benjamin F. Other entries deal with broad topics and themes related to Reconstruction and its consequences, including the following: Abolition of Slavery, Black Politicians, Black Suffrage, Bloody Shirt, Economic Policies, Race Riots, Reconstruction, Theories of Scandals During Reconstruction, State Constitutional Conventions, Violence During Reconstruction. Still other entries cover a wide variety of events, groups, acts, agencies, and amendments that were part of the story of Reconstruction, including the following: American Indians, Bureau of Refugees, Freedmen, and Abandoned Lands Compromise of 1877, Democratic Party, Fourteenth Amendment, Joint Committee on Reconstruction, Loyalty Oaths, Military Reconstruction Acts, Stalwarts, Tenure of Office Act. Among the more than 270 entries are 11 that discuss the course and consequences of Reconstruction in each of the former Confederate states, and 6 that discuss the outcome and significance of the presidential and key congressional elections held between 1864 and 1876. The encyclopedia also offers a timeline of Reconstruction, a bibliography of print and electronic information resources, a selection of primary documents, a table of important dates, numerous illustrations, and a detailed subject index.

The Heritage Guide to the Constitution

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Publisher : Regnery Publishing
ISBN 13 : 1621572684
Total Pages : 642 pages
Book Rating : 4.6/5 (215 download)

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Book Synopsis The Heritage Guide to the Constitution by : David F. Forte

Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Regnery Publishing. This book was released on 2014-09-15 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.