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The Supreme Courts Retreat From Reconstruction
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Book Synopsis The Supreme Court's Retreat from Reconstruction by : Frank J. Scaturro
Download or read book The Supreme Court's Retreat from Reconstruction written by Frank J. Scaturro and published by Bloomsbury Publishing USA. This book was released on 2000-03-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the nation turned its back on Reconstruction, the Supreme Court in turn narrowed Thirteenth-, Fourteenth-, and Fifteenth-Amendment protections of former slaves, thus straying from the understanding of the amendments' framers. Tracking a long line of cases that employed narrow constructions of these amendments and accompanying statutes, this study compares the Court's propositions to the framers' own interpretations. The resulting portrait makes it clear that the Court contributed in a significant way to the nation's retreat from Reconstruction. Before analyzing the relevant cases, Scaturro provides a historical synopsis of the collapse of Reconstruction. The final section demonstrates how the twentieth-century Court handed down decisions that accommodated the demands of the Civil Rights Movement, but did so with constitutional interpretations that preserved several misunderstandings about the Reconstruction Amendments, especially the Fourteenth. This study helps to resolve a contemporary dilemma regarding the consequences of the Court's narrowing of the Interstate Commerce Clause. It also challenges long standing assumptions about the state action requirement of the Fourteenth and Fifteenth Amendments as well as the Fourteenth Amendment's Privileges and Immunities Clause. Besides being valuable to Supreme Court historians, the subject matter of this volume, which covers both constitutional law and legal history, will be of substantial interest to lawyers, judges, and political scientists, particularly in view of recent developments on the high Court. The lessons taught by this chapter of Supreme Court jurisprudence offer insight into constitutional interpretation in general, and the conclusion develops this idea by looking at the problematic interaction between law and outside historical influences.
Book Synopsis Rethinking the Judicial Settlement of Reconstruction by : Pamela Brandwein
Download or read book Rethinking the Judicial Settlement of Reconstruction written by Pamela Brandwein and published by Cambridge University Press. This book was released on 2011-02-21 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
Book Synopsis Justice Deferred by : Orville Vernon Burton
Download or read book Justice Deferred written by Orville Vernon Burton and published by Harvard University Press. This book was released on 2021-05-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.
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.
Book Synopsis After Appomattox by : Gregory P. Downs
Download or read book After Appomattox written by Gregory P. Downs and published by Harvard University Press. This book was released on 2019-08-13 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Civil War did not end with Confederate capitulation in 1865. A second phase commenced which lasted until 1871—not Reconstruction but genuine belligerency whose mission was to crush slavery and create civil and political rights for freed people. But as Gregory Downs shows, military occupation posed its own dilemmas, including near-anarchy.
Book Synopsis A Legal History of the Civil War and Reconstruction by : Laura F. Edwards
Download or read book A Legal History of the Civil War and Reconstruction written by Laura F. Edwards and published by Cambridge University Press. This book was released on 2015-01-26 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a succinct and accessible account of the critical role of legal and constitutional issues of the American Civil War.
Book Synopsis The Will of the People by : Barry Friedman
Download or read book The Will of the People written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2009-09-29 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.
Book Synopsis The History of the Supreme Court of the United States by : William M. Wiecek
Download or read book The History of the Supreme Court of the United States written by William M. Wiecek and published by Cambridge University Press. This book was released on 2006-01-23 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Birth of the Modern Constitution recounts the history of the United States Supreme Court in the momentous yet usually overlooked years between the constitutional revolution in the 1930s and Warren-Court judicial activism in the 1950s. 1941-1953 marked the emergence of legal liberalism, in the divergent activist efforts of Hugo Black, William O. Douglas, Frank Murphy, and Wiley Rutledge. The Stone/Vinson Courts consolidated the revolutionary accomplishments of the New Deal and affirmed the repudiation of classical legal thought, but proved unable to provide a substitute for that powerful legitimating explanatory paradigm of law. Hence the period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty-first century.
Book Synopsis Retreat from Reconstruction, 1869–1879 by : William Gillette
Download or read book Retreat from Reconstruction, 1869–1879 written by William Gillette and published by LSU Press. This book was released on 1982-01-01 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to William Gillette, recent reinterpretation of Reconstruction by revisionist historians has often tended to overemphasize idealistic motivations at the expense of assessing concrete achievements of the era. Thus, he maintains, the failure of both the purpose and the promise of Reconstruction has not been deeply enough analyzed. Retreat from Reconstruction is the first and most comprehensive analysis yet published on the course of the development, decline, and disintegration of Reconstruction during the decade of the 1870s. Gillette sets forth the idea that these years provided the true test of the effectiveness of Reconstruction. By using the primary sources to back up and amplify his premise, he offers a detailed, thoroughly convincing study of Reconstruction and a significant interpretation of why the political programs of the Republicans ended in failure. Focusing on Reconstruction as national policy and how it was made and administered, Gillette’s study interweaves local developments in the South with political developments in the North that resulted in the withdrawal of support of that policy. His broadly based work includes an examination of federal election enforcement in the South, the southern policies of the Grant and Hayes administrations, the presidential elections of 1872 and 1876, the congressional election of 1874, and the Civil Rights Act of 1875. In addition to political developments, Gillette touches on the social, economic, intellectual, educational, and racial facets of Reconstruction; and by demonstrating how they bore on the political processes of the era, he deepens our understanding of a crucial but controversial period in American history and the workings of the American political system.
Book Synopsis The Oxford companion to the Supreme Court of the United States by :
Download or read book The Oxford companion to the Supreme Court of the United States written by and published by . This book was released on with total page 1270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Supreme Court and Constitutional Democracy by : John Agresto
Download or read book The Supreme Court and Constitutional Democracy written by John Agresto and published by Cornell University Press. This book was released on 2016-10-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Supreme Court and Constitutional Democracy John Agresto traces the development of American judicial power, paying close attention to what he views as the very real threat of judicial supremacy. Agresto examines the role of the judiciary in a democratic society and discusses the proper place of congressional power in constitutional issues. Agresto argues that while the separation of congressional and judicial functions is a fundamental tenet of American government, the present system is not effective in maintaining an appropriate balance of power. He shows that continued judicial expansion, especially into the realm of public policy, might have severe consequences for America's national life and direction, and offers practical recommendations for safeguarding against an increasingly powerful Supreme Court. John Agresto's controversial argument, set in the context of a historical and theoretical inquiry, will be of great interest to scholars and students in political science and law, especially American constitutional law and political theory.
Book Synopsis Inherently Unequal by : Lawrence Goldstone
Download or read book Inherently Unequal written by Lawrence Goldstone and published by . This book was released on 2020-05-17 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: ...A potent and original examination of how the Supreme Court subverted justice and empowered the Jim Crow era.In the years following the Civil War, the 13th Amendment abolished slavery; the 14th conferred citizenship and equal protection under the law to white and black; and the 15th gave black American males the right to vote. In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accommodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as unconstitutional and, in the process, disemboweled the equal protection provisions of the 14th Amendment. Using court records and accounts of the period, Lawrence Goldstone chronicles how "by the dawn of the 20th century the U.S. had become the nation of Jim Crow laws, quasi-slavery, and precisely the same two-tiered system of justice that had existed in the slave era."The very human story of how and why this happened make Inherently Unequal as important as it is provocative. Examining both celebrated decisions like Plessy v. Ferguson and those often overlooked, Goldstone demonstrates how the Supreme Court turned a blind eye to the obvious reality of racism, defending instead the business establishment and status quo--thereby legalizing the brutal prejudice that came to define the Jim Crow era.
Book Synopsis The Oxford Guide to United States Supreme Court Decisions by : Kermit Hall
Download or read book The Oxford Guide to United States Supreme Court Decisions written by Kermit Hall and published by Oxford University Press. This book was released on 2009-03-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court has been the site of some of the great debates of American history, from child labor and prayer in the schools, to busing and abortion. The Oxford Guide to United States Supreme Court Decisions offers lively and insightful accounts of the most important cases ever argued before the Court, from Marbury v. Madison and Scott v. Sandford (the Dred Scott decision) to Brown v. Board of Education and Roe v. Wade. This new edition of the Guide contains more than 450 entries on major Supreme Court cases, including 53 new entries on the latest landmark rulings. Among the new entries are Bush v. Gore, Nixon v. United States, Gonzales v. Planned Parenthood Federation of America, and Rumsfeld v. Forum for Academic and Institutional Rights. Four decisions (Hamdi v. Bush, Hamdan v. Rumsfeld, Rasu v. Bush, and Rumsfeld v. Padilla) are considered in a single essay entitled "Enemy Combatant Cases." Arranged alphabetically and written by eminent legal scholars, each entry provides the United States Reports citation, the date the case was argued and decided, the vote of the Justices, who wrote the opinion for the Court, who concurred, and who dissented. More important, the entries feature an informative account of the particulars of the case, the legal and social background, the reasoning behind the Courts decision, and the cases impact on American society. For this edition, Ely has added an extensive Further Reading section and revised the Case Index and Topical Index. For anyone interested in the great controversies of our time, this invaluable book is a must reada primer on the epic constitutional battles that have informed American life.
Download or read book Reconstruction written by Eric Foner and published by Harper Collins. This book was released on 2011-12-13 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the "preeminent historian of Reconstruction" (New York Times Book Review), a newly updated edition of the prize-winning classic work on the post-Civil War period which shaped modern America, with a new introduction from the author. Eric Foner's "masterful treatment of one of the most complex periods of American history" (New Republic) redefined how the post-Civil War period was viewed. Reconstruction chronicles the way in which Americans—black and white—responded to the unprecedented changes unleashed by the war and the end of slavery. It addresses the ways in which the emancipated slaves' quest for economic autonomy and equal citizenship shaped the political agenda of Reconstruction; the remodeling of Southern society and the place of planters, merchants, and small farmers within it; the evolution of racial attitudes and patterns of race relations; and the emergence of a national state possessing vastly expanded authority and committed, for a time, to the principle of equal rights for all Americans. This "smart book of enormous strengths" (Boston Globe) remains the standard work on the wrenching post-Civil War period—an era whose legacy still reverberates in the United States today.
Book Synopsis The Waite Court by : Donald Grier Stephenson
Download or read book The Waite Court written by Donald Grier Stephenson and published by Bloomsbury Publishing USA. This book was released on 2003-11-12 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: An extensive exploration of the major decisions and personalities of the Supreme Court during the 14-year tenure of Chief Justice Morrison Remick Waite. The Waite Court: Justices, Rulings, and Legacy presents a fresh interpretation of the Supreme Court under the tenure of Chief Justice Morrison Remick Waite (1874–1888). An in-depth analysis of key decisions demonstrates how the Waite Court confronted such profound issues as the post-Civil War rights of African Americans and state regulations intended to cope with rampant industrialization. Highlighting the Court's most famous decision, Munn v. Illinois, which upheld legislation regulating railroad and grain elevator rates, this careful analysis also reviews the Court's unique involvement in the 1876 presidential election electoral predicament. Profiles of the 15 justices who served on the Waite Court include extensive descriptions of the five that rank among the most outstanding justices ever to serve on the Supreme Court.
Book Synopsis America’s Reconstruction by : Eric Foner
Download or read book America’s Reconstruction written by Eric Foner and published by LSU Press. This book was released on 1997-06-01 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most misunderstood periods in American history, Reconstruction remains relevant today because its central issue -- the role of the federal government in protecting citizens' rights and promoting economic and racial justice in a heterogeneous society -- is still unresolved. America's Reconstruction examines the origins of this crucial time, explores how black and white Southerners responded to the abolition of slavery, traces the political disputes between Congress and President Andrew Johnson, and analyzes the policies of the Reconstruction governments and the reasons for their demise. America's Reconstruction was published in conjunction with a major exhibition on the era produced by the Valentine Museum in Richmond, Virginia, and the Virginia Historical Society. The exhibit included a remarkable collection of engravings from Harper's Weekly, lithographs, and political cartoons, as well as objects such as sculptures, rifles, flags, quilts, and other artifacts. An important tool for deepening the experience of those who visited the exhibit, America's Reconstruction also makes this rich assemblage of information and period art available to the wider audience of people unable to see the exhibit in its host cities. A work that stands along as well as in proud accompaniment to the temporary collection, it will appeal to general readers and assist instructors of both new and seasoned students of the Civil War and its tumultuous aftermath.
Book Synopsis The Literature of Reconstruction by : Brook Thomas
Download or read book The Literature of Reconstruction written by Brook Thomas and published by JHU Press. This book was released on 2017-01-17 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this groundbreaking new study, author Brook Thomas argues that literary analysis can enhance our historical understanding of race and Reconstruction. The standard view that Reconstruction ended with the Compromise of 1877 is a retrospective construction. Works of literature provide the perspective of those who continued to see possibilities for its renewal well past 1877. Historians have long tried to reconcile social history's emphasis on the local with political history's emphasis on the national. Literature creates national political allegories while focusing on events in a particular locale. Moreover, the debate over Reconstruction was a debate about state legitimacy as well as specific laws. It was a question of foundational myths as well as foundational legal principles. Literature's political allegories allow us to recreate those debates rather than view the end of Reconstruction as a foregone conclusion. Because many of the issues raised by Reconstruction remain unresolved, those debates continue into the present. Chapters treat how the racial issues raised by Reconstruction are interwoven with debates over state v. national authority, efforts to combat terrorism (the KKK), the paternalism of welfare, economic expansion, and the question of who should rightly inherit the nation's past. Thomas examines authors who opposed Reconstruction, authors who supported it, and authors who struggled with mixed feelings. This exciting text will set the standard in literary historical studies for decades to come"--
