Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866OUP USA, 17 gen 2013 - 214 pagine The 1866 Civil Rights Act is one of the most monumental pieces of legislation in American history, figuring into almost every subsequent piece of legislation dealing with civil rights for the next century. While numerous scholars have looked at it in the larger social and political context of Reconstruction and its relationship with the Fourteenth Amendment, this will be the first book that focuses on its central role in the long history of civil rights. As George Rutherglen argues, the Act has structured debates and controversies about civil rights up to the present. The history of the Act itself speaks to the fundamental issues that continue to surround civil rights law: the contested meaning of racial equality; the distinction between public and private action; the division of power between the states and the federal government; and the role of the Supreme Court and Congress in implementing constitutional principles. Slavery, Freedom, and Civil Rights shows that the Act was not just an archetypal piece of Radical Republican legislation or merely a precursor to the Fourteenth Amendment. While its enactment led directly to passage of the amendment, their simultaneous existence going forward initiated a longstanding debate over the relationship between the two, and by proxy the Courts and Congress. How extensive was the Act's reach in relation to the Amendment? Could it regulate private discrimination? Supersede state law? What power did it endow to Congress, as opposed to the Courts? The debate spawned an important body of judicial doctrine dealing with almost all of the major issues in civil rights, and this book positions both the Act and its legacy in a broad historical canvas. |
Sommario
The Circumstances Acts and Legacy of the 39th Congress | 3 |
2 Citizenship Slavery and the Constitutional Origins of the Act | 18 |
Passage and Structure of the Act | 40 |
The Fourteenth Amendment and Later Legislation | 70 |
5 Restrictive Interpretations and the End of Reconstruction | 93 |
Aliens Property and State Action | 111 |
Reading an Old Act for a New Era | 126 |
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Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the ... George A. Rutherglen Anteprima non disponibile - 2013 |
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1st Sess 39th Cong 39th Congress act’s action doctrine aliens antebellum argument black codes citizenship clause Civil Rights Act civil rights law civil rights legislation claims color Commerce Clause common law congressional power constitutional coverage criminal debates denied Dred Scott Due Process Clause emancipation enacted equal benefit Equal Protection Clause extended federal government federal law federal rights Fourteenth Amendment free blacks Freedmen’s Bureau full and equal fundamental Globe granted Immunities Clause implications interpretation issue Jones jurisdiction Justice laws and proceedings limited litigation Mayer modern civil rights newly freed slaves original political power of Congress principles private action private discrimination Privileges and Immunities Privileges or Immunities prohibition against discrimination provisions public accommodations question race racial discrimination recognized Reconstruction amendments remarks of Rep remedies restrictive rights of citizens rights protected role scope slavery Stat statute statutory Supreme Court Thirteenth Amendment tion United Yick Wo