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Civil War and Reconstruction

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Chapter 3 in The U.S. Supreme Court and Racial Minorities, 2017, pp 84-117 from Edward Elgar Publishing

Abstract: Treats period when normal political structure established by the Constitution was not functioning. Eleven states removed themselves from U.S. law-making process in 1861 and the last four of them did not return to Congress until 1870. Moreover, suffrage for former slaves was imposed on these eleven states as the price of ending military rule over them, and this fact caused many whites to boycott the postbellum Southern elections. The civil rights revolution of federal legislation from 1866–75, detailed in this chapter and the Thirteenth, Fourteenth and Fifteenth Amendment all were the products of this truncated political structure. Traces both legislative initiatives of Reconstruction and Presidential enforcement measures, as well as Supreme Court responses, including Court willingness to strike down state-level anti-Indian or anti-Chinese measures. Shows that Waite and Chase Courts helped Reconstruction more than is often recognized. KEYWORDS: Civil Rights Acts (1866–75) Enforcement Acts (1870s) Railroad v. Brown (1873) Walker v. Sauvinet (1875) U.S. v. Cruikshank (1876) U.S. v. Reese (1876)

Keywords: Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2017
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Citations: View citations in EconPapers (1)

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