the promises of liberty the history and contemporary relevance of the thirteenth amendment

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The Promises Of Liberty

Author : Alexander Tsesis
ISBN : 9780231141444
Genre : History
File Size : 73. 97 MB
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In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty. The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.

The Civil War And The Transformation Of American Citizenship

Author : Paul D. Quigley
ISBN : 9780807168646
Genre : HISTORY
File Size : 37. 19 MB
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The meanings and practices of American citizenship were as contested during the Civil War era as they are today. By examining a variety of perspectives—from prominent lawmakers in Washington, D.C., to enslaved women, from black firemen in southern cities to Confederate émigrés in Latin America—The Civil War and the Transformation of American Citizenship offers a wide-ranging exploration of citizenship’s metamorphoses amid the extended crises of war and emancipation. Americans in the antebellum era considered citizenship, at its most basic level, as a legal status acquired through birth or naturalization, and one that offered certain rights in exchange for specific obligations. Yet throughout the Civil War period, the boundaries and consequences of what it meant to be a citizen remained in flux. At the beginning of the war, Confederates relinquished their status as U.S. citizens, only to be mostly reabsorbed as full American citizens in its aftermath. The Reconstruction years also saw African American men acquire—at least in theory—the core rights of citizenship. As these changes swept across the nation, Americans debated the parameters of citizenship, the possibility of adopting or rejecting citizenship at will, and the relative importance of political privileges, economic opportunity, and cultural belonging. Ongoing inequities between races and genders, over the course of the Civil War and in the years that followed, further shaped these contentious debates. The Civil War and the Transformation of American Citizenship reveals how war, Emancipation, and Reconstruction forced the country to rethink the concept of citizenship not only in legal and constitutional terms but also within the context of the lives of everyday Americans, from imprisoned Confederates to former slaves.

The Other Slavery

Author : Andrés Reséndez
ISBN : 9780544602670
Genre : Social Science
File Size : 21. 33 MB
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“Long-awaited and important . . . No other book before has so thoroughly related the broad history of Indian slavery in the Americas.”—San Francisco Chronicle “A necessary work . . . [Reséndez’s] reportage will likely surprise you.”—NPR “One of the most profound contributions to North American history.”—Los Angeles Times Since the time of Columbus, Indian slavery was illegal in much of the American continent. Yet, as Andrés Reséndez illuminates in his myth-shattering The Other Slavery, it was practiced for centuries as an open secret. There was no abolitionist movement to protect the tens of thousands of Natives who were kidnapped and enslaved by the conquistadors. Reséndez builds the incisive case that it was mass slavery—more than epidemics—that decimated Indian populations across North America. Through riveting new evidence, including testimonies of courageous priests, rapacious merchants, and Indian captives, The Other Slavery reveals nothing less than a key missing piece of American history. For over two centuries we have fought over, abolished, and tried to come to grips with African American slavery. It is time for the West to confront an entirely separate, equally devastating enslavement we have long failed truly to see. “Beautifully written . . . A tour de force.”—Chronicle of Higher Education

The Legal Understanding Of Slavery

Author : Jean Allain
ISBN : 9780199660469
Genre : Law
File Size : 45. 36 MB
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This book examines how slavery is understood in law. It shows how the legal definition of slavery has evolved and continues to be contentious. It traces the understanding of slavery from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including forced labour and trafficking in persons.

The Forgotten Emancipator

Author : Rebecca E. Zietlow
ISBN : 9781108547024
Genre : History
File Size : 65. 10 MB
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Congressman James M. Ashley, a member of the House of Representatives from 1858 to 1868, and was the main sponsor of the Thirteenth Amendment to the American Constitution, which declared the institution of slavery unconstitutional. Rebecca E. Zietlow uses Ashley's life as a unique lens through which to explore the ideological origins of Reconstruction and the constitutional changes of this era. Zietlow recounts how Ashley and his antislavery allies shared an egalitarian free labor ideology that was influenced by the political antislavery movement and the nascent labor movement - a vision that conflicted directly with the institution of slavery. Ashley's story sheds important light on the meaning and power of popular constitutionalism: how the constitution is interpreted outside of the courts and the power that citizens and their elected officials can have in enacting legal change. The book shows how Reconstruction not only expanded racial equality but also transformed the rights of workers throughout America.

Dressing Constitutionally

Author : Ruthann Robson
ISBN : 9781107244221
Genre : Law
File Size : 82. 56 MB
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This book examines how the intertwining of clothes and the United States Constitution raises fundamental questions of hierarchy, sexuality and democracy. Constitutional considerations both constrain and confirm daily choices. In turn, appearances provide multilayered perspectives on the Constitution and its interpretations. Garments often raise First Amendment issues of expression or religion, but they also prompt questions of equality on the basis of gender, race and sexuality. At work, in court, in schools, in prisons and on the streets, clothes and grooming provoke constitutional controversies. Additionally, the production, trade and consumption of apparel implicates constitutional concerns including colonial sumptuary laws, slavery, wage and hour laws, and current notions of free trade. The regulation of what we wear - or do not - is ubiquitous. From a noted constitutional scholar and commentator, this book examines the rights to expression and equality, as well as the restraints on government power, as they both limit and allow control of our most personal choices of attire and grooming.

For Liberty And Equality

Author : Alexander Tsesis
ISBN : 9780195379693
Genre : History
File Size : 26. 53 MB
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For Liberty and Equality shows how the Declaration of Independence actually worked in each era, and why its influence has been crucial to the development of the American nation and way of life.

Journal Of The Civil War Era

Author : William A. Blair
ISBN : 9781469615981
Genre : History
File Size : 55. 3 MB
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The Journal of the Civil War Era Volume 4, Number 2 June 2014 TABLE OF CONTENTS Tom Watson Brown Book Award John Fabian Witt Civil War Historians and the Laws of War Articles Chandra Manning Working for Citizenship in Civil War Contraband Camps Michael F. Conlin The Dangerous Isms and the Fanatical Ists: Antebellum Conservatives in the South and the North Confront the Modernity Conspiracy Nicholas Guyatt "An Impossible Idea?" The Curious Career of Internal Colonization Review Essay John Craig Hammond Slavery, Sovereignty, and Empires: North American Borderlands and the American Civil War, 1660-1860 Book Reviews Books Received Professional Notes Jill Ogline Titus An Unfinished Struggle: Sesquicentennial Interpretations of Slavery and Emancipation

The Thirteenth Amendment And American Freedom

Author : Alexander Tsesis
ISBN : 9780814783399
Genre : Law
File Size : 82. 80 MB
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In this narrative history and contextual analysis of the Thirteenth Amendment, slavery and freedom take center stage. Alexander Tsesis demonstrates how entrenched slavery was in pre-Civil War America, how central it was to the political events that resulted in the Civil War, and how it was the driving force that led to the adoption of an amendment that ultimately provided a substantive assurance of freedom for all American citizens. The story of how Supreme Court justices have interpreted the Thirteenth Amendment, first through racist lenses after Reconstruction and later influenced by the modern civil rights movement, provides insight into the tremendous impact the Thirteenth Amendment has had on the Constitution and American culture. Importantly, Tsesis also explains why the Thirteenth Amendment is essential to contemporary America, offering fresh analysis on the role the Amendment has played regarding civil rights legislation and personal liberty case decisions, and an original explanation of the substantive guarantees of freedom for today's society that the Reconstruction Congress envisioned over a century ago.

Destructive Messages

Author : Alexander Tsesis
ISBN : 9780814782729
Genre : Law
File Size : 89. 69 MB
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Destructive Messages argues that hate speech is dangerous not only when it poses an immediate threat of harm. It is also dangerous when it is systematically developed over time, becoming part of a culturally acceptable dialogue which can foster the persecution of minorities. Tsesis traces a causal link between racist and biased rhetoric and injustices like genocide and slavery. He shows that hate speech and propaganda, when left unregulated, can weave animosity into the social fabric to such a great extent that it can cultivate an environment supportive of the commission of hate crimes. Tsesis uses historical examples to illuminate the central role racist speech played in encouraging attitudes that led to human rights violations against German Jews, Native Americans, and African Americans, and also discusses the dangers posed by hate speech spread on the Internet today. He also offers an examination of the psychology of scapegoating. Destructive Messages argues that when hate speech is systematically developed over time it poses an even greater threat than when it creates an immediate clear and present danger. Tsesis offers concrete suggestions concerning how to reform current law in order to protect the rights of all citizens.

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