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

Civil Rights the Constitution and Congress The thirteenth fourteenth and fifteenth amendments are the cornerstone of much of American constitutional law They provide the foundation for the Supreme Court s decisions on issues such as abortion

  • Title: Civil Rights, the Constitution, and Congress, 1863-1869
  • Author: Earl M. Maltz
  • ISBN: 9780700604678
  • Page: 166
  • Format: Hardcover
  • The thirteenth, fourteenth, and fifteenth amendments are the cornerstone of much of American constitutional law They provide the foundation for the Supreme Court s decisions on issues such as abortion and affirmative action, as well as the authority for a wide variety of important civil rights legislation It is thus not surprising that the original understanding of thoseThe thirteenth, fourteenth, and fifteenth amendments are the cornerstone of much of American constitutional law They provide the foundation for the Supreme Court s decisions on issues such as abortion and affirmative action, as well as the authority for a wide variety of important civil rights legislation It is thus not surprising that the original understanding of those who drafted the amendments remains a hotly debated topic among historians, lawyers, political scientists, politicians, and anyone interested in civil liberties The so called Reconstruction Amendments are perhaps the most highly politicized issue in U.S constitutional history The textbook understanding of the three amendments is that, collectively, they abolish slavery and guarantee civil rights and the suffrage to U.S citizens, including former slaves from The New Columbia Encyclopedia, 1975 Much of the debate among scholars centers on the nature of the guarantees and the scope of the civil rights and liberties encompassed by the amendments particularly Section I of the fourteenth In this provocative book Earl Maltz provides an important new perspective on the debate Heretofore most legal scholarship has focused on the drafting of the fourteenth amendment in isolation Maltz argues that the political dynamic that produced the fourteenth that is, the voting coalition of Radical Republicans and the moderate, conservative Republicans can only be understood by considering the three amendments together Through a close analysis of legislative proceedings and of the precise language used, he builds a strong case that the civil rights actions Freedman s Bureau Bill, District of Columbia suffrage, Civil Rights Act of 1866 and the thirteenth 1865 , fourteenth 1866 , and fifteenth 1870 amendments of the early Reconstruction era generally reflected the ideology and intentions of the conservative Republicans These moderates advocated limited absolute equality rather than total racial equality and opposed the federal regulation of private and state actions Maltz demonstrates that each of the amendments was carefully drawn with an eye to preserving the basic structure of American federalism with its characteristic emphasis on the need to preserve state autonomy His conclusion is that currently popular open ended theories of the fourteenth amendment undermine this autonomy and are thus inconsistent with the understanding of those who produced the Reconstruction Amendments.

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      166 Earl M. Maltz
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      Posted by:Earl M. Maltz
      Published :2019-01-10T02:00:54+00:00

    1 thought on “Civil Rights, the Constitution, and Congress, 1863-1869

    1. This is a book that can't help but challenge one's views of the nature of the American constitution and American government.As a professor of law at Rutgers Camden, Matltz spent years studying the Civil War and Reconstruction origins of the 13th, 14th, and 15th amendments. But the heart of his research and of this book, and his most original contribution, is his analysis of the 14th amendment and its provisions granting all men equal protection of the law, certain "privileges and immunities," an [...]

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