The Thirteenth Amendment and American Freedom: A Legal History

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NYU Press, 12.12.2004 г. - 229 страници

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.

 

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On the Road to Ratification
34
3
59
Summing Up and Looking Ahead
94
5
101
6
112
7
137
Conclusion
161
Notes
163
Select Bibliography
201
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Страница 3 - No amendment shall be made to the Constitution which will authorize, or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State.
Страница 15 - And an act of Congress which deprives a citizen of the United States of his liberty or property, merely because he came himself or brought his property into a particular Territory of the United States, and who had committed no offence against the laws, could hardly be dignified with the name of due process of law.
Страница 14 - That, as our Republican fathers, when they had abolished Slavery in all our national territory, ordained that ' no person should be deprived of life, liberty, or property, without due process of law...
Страница 31 - We arraign this bill as a gross violation of a sacred pledge; as a criminal betrayal of precious rights; as part and parcel of an atrocious plot to exclude from a vast unoccupied region immigrants from the Old World and free laborers from our own States, and convert it into a dreary region of despotism, inhabited by masters and slaves.

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Информация за автора (2004)

Alexander Tsesis is Assistant Professor at at the Loyola University School of Law, Chicago.

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