Reconstruction Amendments

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Slavery is dead? Thomas Nast presents the Republican argument for federal civil-rights legislation and constitutional amendment in this illustration for the January 12, 1867 issue of Harper's Weekly
A political cartoon of Andrew Johnson and Abraham Lincoln, 1865, entitled "The 'Rail Splitter' at Work Repairing the Union." The caption reads (Johnson): Take it quietly Uncle Abe and I will draw it closer than ever!! (Lincoln): A few more stitches Andy and the good old Union will be mended!

The Reconstruction Amendments, or the Civil War Amendments, are the

American South which occurred after the Civil War
.

The Thirteenth Amendment (proposed in 1864 and ratified in 1865) abolished slavery and involuntary servitude, except for those duly convicted of a crime.[2] The Fourteenth Amendment (proposed in 1866 and ratified in 1868) addresses citizenship rights and equal protection of the laws for all persons. The Fifteenth Amendment (proposed in 1869 and ratified in 1870) prohibits discrimination in voting rights of citizens on the basis of "race, color, or previous condition of servitude."[3]

These amendments were intended to guarantee the freedom of the formerly enslaved and grant certain civil rights to them, and to protect the formerly enslaved and all citizens of the United States from discrimination. However, the promise of these amendments was eroded by state laws and federal court decisions throughout the late 19th century. The promise of these amendments was not fully realized until the Supreme Court decision in Brown v. Board of Education in 1954 and laws such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

Background

Main article: Reconstruction era

The Reconstruction Amendments were adopted between 1865 and 1870,[1] the five years which immediately followed the Civil War.[4] The last time the Constitution had been amended was with the Twelfth Amendment more than 60 years earlier in 1804.

These three amendments were part of a large movement to reconstruct the United States that followed the Civil War. Their proponents believed that they would transform the United States from a country that was (in Abraham Lincoln's words) "half slave and half free"[5] to one in which the constitutionally guaranteed "blessings of liberty" would be extended to the entire populace, including the formerly enslaved and their descendants.

Thirteenth Amendment

Main article: Thirteenth Amendment to the United States Constitution
Text of the 13th Amendment

The Thirteenth Amendment to the United States Constitution abolished

Union states (the exceptions were Delaware, New Jersey, and Kentucky), and by a sufficient number of border and "reconstructed" Southern states, to be ratified by December 6, 1865.[7] On December 18, 1865, Secretary of State William H. Seward proclaimed it to have been incorporated into the federal Constitution. It became part of the Constitution 61 years after the Twelfth Amendment, the longest interval between constitutional amendments to date.[8]

Slavery had been tacitly enshrined in the original Constitution through provisions such as Article I, Section 2, Clause 3, commonly known as the

count for the purposes of apportioning seats in the United States House of Representatives and direct taxes among the states.[9] Although many enslaved people had been declared free by Lincoln's 1863 Emancipation Proclamation, their legal status after the Civil War was uncertain.[10]

Fourteenth Amendment

Main article: Fourteenth Amendment to the United States Constitution

The Fourteenth Amendment to the United States Constitution was proposed by Congress on June 13, 1866.

freedmen following the war. The amendment was bitterly contested, particularly by Southern states, which were forced to ratify it in order to return their delegations to Congress. The Fourteenth Amendment is one of the most litigated parts of the Constitution, forming the basis for landmark decisions such as Roe v. Wade (1973), regarding abortion, and Bush v. Gore (2000), regarding the 2000 presidential election.[12][13]

The two pages of the Fourteenth Amendment in the National Archives

The amendment's first section includes several clauses: the

disenfranchised blacks in the late 19th and early 20th centuries.[14] While Northern Congressmen in 1900 raised objections to the inequities of southern states being apportioned seats based on total populations when they excluded blacks, Southern Democratic Party representatives formed such a powerful bloc that opponents could not gain approval for change of apportionment.[15]

The Due Process Clause prohibits state and local government officials from depriving persons of life, liberty, or property without legislative authorization. This clause has also been used by the federal judiciary to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural requirements that state laws must satisfy.[16]

The Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. This clause was the basis for the U.S. Supreme Court's ruling in Brown v. Board of Education (1954), that racial segregation in public schools was unconstitutional, and its prohibition of laws against interracial marriage, in its ruling in Loving v. Virginia (1967).[17][18]

Fifteenth Amendment

Main article: Fifteenth Amendment to the United States Constitution
Text of the 15th Amendment

The Fifteenth Amendment to the United States Constitution prohibits the federal and state governments from denying a citizen the

race, color, or previous condition of servitude." It was ratified on February 3, 1870, as the third and last of the Reconstruction Amendments.[7]

In the some of the early United States, such as New Jersey prior to 1807, citizens of all races, regardless of prior enslavement, could vote provided that they could meet other requirements like property ownership.[19] But by 1869, voting rights were restricted in all states to white men. The narrow election of

Red Shirts and White League, who acted on behalf of white supremicists calling themselves "Redeemers", to violently suppress black voting.[22] While Redeemers in the Democrats regained local power in southern state legislatures, through the 1880s and early 1890s, numerous blacks continued to be elected to local offices in many states, as well as to Congress as late as 1894.[23]

Beginning around 1900, states in the former Confederacy passed new constitutions and other laws that incorporated methods to

grandfather clauses.[23] When challenges reached the Supreme Court, it interpreted the amendment narrowly, ruling based on the stated intent of the laws rather than their practical effect. The results in voter suppression were dramatic, as voter rolls fell: nearly all blacks, as well as tens of thousands of poor whites in Alabama and other states,[24] were forced off the voter registration rolls and out of the political system, effectively excluding millions of people from representation.[25]

In the twentieth century, the Court interpreted the amendment more broadly, striking down grandfather clauses in

which?] region after the disenfranchisement of blacks, Democratic Party primaries were the only competitive contests in those states.[further explanation needed] But Southern states reacted rapidly to Supreme Court decisions, often devising new ways to continue to exclude blacks from voter rolls and voting; most blacks in the South did not gain the ability to vote until after the passage of the mid-1960s federal civil rights legislation and the beginning of federal oversight of voter registration and district boundaries. The Twenty-fourth Amendment (1964) forbade the requirement for poll taxes in federal elections; by this time five of the eleven southern states continued to require such taxes. Together with the U.S. Supreme Court ruling in Harper v. Virginia State Board of Elections (1966), which forbade requiring poll taxes in state elections, blacks regained the opportunity to participate in the U.S. political system.[27]

Erosion, litigation, and scope

The promise of these amendments was eroded by state laws and federal court decisions throughout the late 19th century before being restored in the second half of the twentieth century. In 1876 and beyond, some states passed Jim Crow laws that limited the rights of African-Americans. Important Supreme Court decisions that undermined these amendments were the Slaughter-House Cases in 1873, which prevented rights guaranteed under the Fourteenth Amendment's privileges or immunities clause from being extended to rights under state law;[28] and Plessy v. Ferguson in 1896 which originated the phrase "separate but equal" and gave federal approval to Jim Crow laws.[29] The full benefits of the Thirteenth, Fourteenth, and Fifteenth amendments were not realized until the Supreme Court decision in Brown v. Board of Education in 1954 and laws such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965.[30] The Reconstruction Amendments affected the constitutional division of power between U.S. state governments and the federal government of the United States, for the Reconstruction Amendments "were specifically designed as an expansion of federal power and an intrusion on state sovereignty."[31]

See also

References

  1. ^ a b "U.S. Senate: Landmark Legislation: Thirteenth, Fourteenth, & Fifteenth Amendments". www.senate.gov. Archived from the original on December 30, 2020. Retrieved January 3, 2021.
  2. ^ "America's Historical Documents". National Archives. National Archives and Records Administration. January 25, 2016. Archived from the original on September 26, 2016. Retrieved November 25, 2018.
  3. ^ "The 15th Amendment of the U.S. Constitution". National Constitution Center – The 15th Amendment of the U.S. Constitution. Archived from the original on December 30, 2020. Retrieved January 3, 2020.
  4. ^ "(1865) Reconstruction Amendments, 1865-1870". BlackPast.org. January 21, 2007. Retrieved January 7, 2021.
  5. ^ Springfield, Mailing Address: 413 S. 8th Street; Us, IL 62701 Phone:492-4241 Contact. "House Divided Speech - Lincoln Home National Historic Site (U.S. National Park Service)". www.nps.gov. Retrieved March 25, 2021.{{cite web}}: CS1 maint: numeric names: authors list (link)
  6. ^ Greene, Jamal; McAward, Jennifer Mason. "The Thirteenth Amendment". Archived from the original on December 30, 2020. Retrieved August 21, 2020.
  7. ^ a b c d e "All Amendments to the United States Constitution". hrlibrary.umn.edu. Archived from the original on December 30, 2020. Retrieved August 21, 2020.
  8. ^ "The Constitution of the United States: Amendments 11-27". United States National Archives. Archived from the original on May 26, 2013. Retrieved February 24, 2014.
  9. ISBN 9780199660469
    .
  10. ^ "What The Emancipation Proclamation Didn't Do". NPR.org. Archived from the original on December 30, 2020. Retrieved December 30, 2020.
  11. ^ "A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875". memory.loc.gov. Archived from the original on December 30, 2020. Retrieved August 21, 2020.
  12. ^ Roe v. Wade, 410 U.S. 113 (1973).
  13. ^ Bush v. Gore, 531 U.S. 98 (2000).
  14. ^ "Committee at Odds on Reapportionment: Three Reports on the Bill Submitted to the House" (PDF). The New York Times. December 21, 1990. Archived (PDF) from the original on January 11, 2020. Retrieved November 25, 2018.
  15. ISBN 9780226845272. Archived
    from the original on April 29, 2016. Retrieved October 31, 2015.
  16. ^ "BRIA 7 4 b The 14th Amendment and the "Second Bill of Rights"". www.crf-usa.org. Archived from the original on December 30, 2020. Retrieved December 30, 2020.
  17. ^ Brown v. Board of Education, 347 U.S. 483 (1954)
  18. ^ Loving v. Virginia, 388 U.S. 1 (1967)
  19. ^ "Did You Know: Women and African Americans Could Vote in NJ before the 15th and 19th Amendments?". National Park Service. Retrieved March 14, 2024.
  20. ^ "Passage of the Fifteenth Amendment | American Experience | PBS". www.pbs.org. Archived from the original on December 30, 2020. Retrieved December 30, 2020.
  21. ^ "Historical Voter Suppression – Notley Scholars Voter Rights Project". Archived from the original on December 30, 2020. Retrieved December 30, 2020.
  22. ISBN 978-0-8078-3324-7. Archived
    from the original on December 30, 2020. Retrieved December 30, 2020.
  23. ^ a b Jervis, Rick. "Black Americans got the right to vote 150 years ago, but voter suppression still a problem". USA TODAY. Archived from the original on December 30, 2020. Retrieved December 30, 2020.
  24. OCLC 474353255
    .
  25. SSRN 224731. Archived from the original on December 30, 2020. Retrieved December 30, 2020. {{cite journal}}: Cite journal requires |journal= (help
    )
  26. ^ Guinn v. United States, 238 U.S. 347 (1915)
  27. ^ Harper v. Virginia Bd. of Elections, 383 U.S. 663 (1966)
  28. ^ Slaughter-House Cases, 83 U.S. 36.
  29. ^ Plessy v. Ferguson, 163 U.S. 537.
  30. ^ Brown v. Board of Education, 347 U.S. 483.
  31. ^ "City of Rome v. United States, 446 U.S. 156 (1980), at 179". Justia US Supreme Court Center. April 22, 1980. Archived from the original on March 4, 2024. Retrieved March 4, 2024.

External links

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