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The Constitution in Crisis (1848–77)

Steven A. Steinbach, Maeva Marcus, and Robert Cohen

in With Liberty and Justice for All?: The Constitution in the Classroom

Published in print:
2022
Published Online:
April 2022
ISBN:
9780197516317
eISBN:
9780197516348
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780197516317.003.0004
Subject:
History, Political History

Eric Foner, DeWitt Clinton Professor Emeritus of History at Columbia University, explores how the original Constitution failed to stop the spread of slavery and the debasement of the enslaved. He ... More


Citizenship, Slavery, and the Constitutional Origins of the Act

George Rutherglen

in Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199739707
eISBN:
9780199979363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199739707.003.0002
Subject:
Law, Legal History, Human Rights and Immigration

The immediate origins of the 1866 Act lie in the Thirteenth Amendment, but its content goes back to the Privileges and Immunities Clause in the original Constitution. The interpretation of that ... More


“The dictate of a wise policy”: Judicial Opposition to Freedom

Alfred L. Brophy

in University, Court, and Slave: Proslavery Academic Thought and Southern Jurisprudence, 1831–1861

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199964239
eISBN:
9780190625931
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199964239.003.0012
Subject:
History, American History: 19th Century, Political History

A theme of this book is the centrality of considerations of utility to southern judges, particularly in slavery cases. This chapter turns to two areas of law—emancipation of slaves at death and the ... More


Interrogation Standards of the Fifth and Fourteenth Amendments Applied to Both Citizens and Noncitizens

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0005
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Why should constitutional protections be extended to any noncitizen in the first place? Some argue that any alien (legal or illegal) residing in the United States is entitled to full constitutional ... More


The New England Impasse

Van Gosse

in The First Reconstruction: Black Politics in America from the Revolution to the Civil War

Published in print:
2021
Published Online:
January 2022
ISBN:
9781469660103
eISBN:
9781469660127
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469660103.003.0010
Subject:
History, African-American History

By the mid-1850s, black activists had achieved a striking level of political power in New England. In Massachusetts, led by leaders like the lawyer Robert Morris and the physician John S. Rock, they ... More


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