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The Revolution That Never Was

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0007
Subject:
Political Science, American Politics

This chapter addresses the problems arising from the clash of old and new ideologies during Reconstruction. Questions of federalism and states’ rights, and of equal protection and citizenship in ... More


The Argument for the Secret Constitution

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0001
Subject:
Political Science, American Politics

This chapter argues that the Civil War began with one set of purposes, and ended with another. The original motive for resisting Southern secession was preserving the Union, but the final goal was to ... More


A Century of Lost Time: 1865–1954

Justin Collings

in Scales of Memory: Constitutional Justice and Historical Evil

Published in print:
2021
Published Online:
February 2021
ISBN:
9780198858850
eISBN:
9780191890963
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858850.003.0002
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter traces the arc of the U.S. Supreme Court’s engagement with the memory of slavery between the end of the Civil War and the Court’s decision in Brown v. Board of Education. The chapter ... More


The Novel and the Reconstruction Amendments

Jeannine Marie Delombard

in The Oxford History of the Novel in English: Volume 6: The American Novel 1879-1940

Published in print:
2014
Published Online:
March 2015
ISBN:
9780195385342
eISBN:
9780190252779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195385342.003.0005
Subject:
Literature, American, 19th Century Literature

This chapter examines the legal and cultural significance of the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution (1865–1870) within the context of tort law, with special ... More


The United States: Creation, Reconstruction, the Progressives, and the Modern Era

Steven Gow Calabresi

in The History and Growth of Judicial Review, Volume 1: The G-20 Common Law Countries and Israel

Published in print:
2021
Published Online:
May 2021
ISBN:
9780190075774
eISBN:
9780190075804
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190075774.003.0005
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on the origins and growth of judicial review of the constitutionality of federal and state legislation in the United States. American judicial review emerged from the vertical ... More


“The Government of All”: The Rise and Fall of Reconstruction, 1865–1883

David S. Schwartz

in The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. Maryland

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190699482
eISBN:
9780190063719
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190699482.003.0008
Subject:
History, American History: 19th Century, Cultural History

After being buried by the late Marshall and Taney Courts, McCulloch v. Maryland experienced the beginnings of a revival during Reconstruction. McCulloch’s principles of nationalism, implied powers, ... More


Plessy v. Racism

Greg Carter

in The United States of the United Races: A Utopian History of Racial Mixing

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814772492
eISBN:
9780814790489
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814772492.003.0004
Subject:
Society and Culture, Cultural Studies

This chapter discusses the how Republican Superior Court judge Albion Tourgée challenged Louisiana's retrograde system of segregation for blacks, in defending Homer Plessy for riding a “white-only ... More


Identity, Freedom, and Constitutional Constraint

Thomas P. Crocker

in Overcoming Necessity: Emergency, Constraint, and the Meanings of American Constitutionalism

Published in print:
2020
Published Online:
January 2021
ISBN:
9780300181616
eISBN:
9780300182217
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300181616.003.0008
Subject:
Political Science, American Politics

This chapter reviews the commitment to constitutional values as a constitutive feature of political identity in American constitutionalism. It argues that a person has the ability to choose its own ... More


Civil Rights and Partisan Politics, 1890–1932

Alison M. Parker

in Unceasing Militant: The Life of Mary Church Terrell

Published in print:
2021
Published Online:
January 2022
ISBN:
9781469659381
eISBN:
9781469659404
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469659381.003.0008
Subject:
History, African-American History

For many decades after the Civil War, the Republican Party claimed the majority of black votes. Its legacy as the party of Abraham Lincoln and its leadership in securing the Reconstruction Amendments ... More


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