The Supreme Court's Retreat from Reconstruction: A Distortion of Constitutional Jurisprudence

Priekinis viršelis
Greenwood Publishing Group, 2000 - 305 psl.

As the nation turned its back on Reconstruction, the Supreme Court in turn narrowed Thirteenth-, Fourteenth-, and Fifteenth-Amendment protections of former slaves, thus straying from the understanding of the amendments' framers. Tracking a long line of cases that employed narrow constructions of these amendments and accompanying statutes, this study compares the Court's propositions to the framers' own interpretations. The resulting portrait makes it clear that the Court contributed in a significant way to the nation's retreat from Reconstruction. Before analyzing the relevant cases, Scaturro provides a historical synopsis of the collapse of Reconstruction. The final section demonstrates how the twentieth-century Court handed down decisions that accommodated the demands of the Civil Rights Movement, but did so with constitutional interpretations that preserved several misunderstandings about the Reconstruction Amendments, especially the Fourteenth.

This study helps to resolve a contemporary dilemma regarding the consequences of the Court's narrowing of the Interstate Commerce Clause. It also challenges long standing assumptions about the state action requirement of the Fourteenth and Fifteenth Amendments as well as the Fourteenth Amendment's Privileges and Immunities Clause. Besides being valuable to Supreme Court historians, the subject matter of this volume, which covers both constitutional law and legal history, will be of substantial interest to lawyers, judges, and political scientists, particularly in view of recent developments on the high Court. The lessons taught by this chapter of Supreme Court jurisprudence offer insight into constitutional interpretation in general, and the conclusion develops this idea by looking at the problematic interaction between law and outside historical influences.

 

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Turinys

A Brief Overview of Reconstruction and the Nations Retreat
7
The Supreme Courts Retreat from Reconstruction
19
B THE COURTS DECISIONS DURING THE 1870s
20
EXCEPTION TO THE RETREAT
63
UNITED STATES V HARRIS THE CIVIL RIGHTS CASES AND BALDWIN V FRANKS
68
E THE TRIUMPH OF SEGREGATION
133
F RETREAT FROM THE FIFTEENTH AMENDMENT
151
The Courts Reconsideration of Civil Rights during the Twentieth Century
159
C THE REFORMULATION OF CONSTITUTIONAL JURISPRUDENCE ADDRESSING CIVIL RIGHTS LEGISLATION
192
Conclusion
203
Notes
209
Table of Cases
291
Index
295
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Apie autorių (2000)

FRANK J. SCATURRO is currently an associate at Cadwalader, Wickersham, and Taft in New York. With a lifelong interest in history, he founded the Grant Monument Association in 1994 to draw public attention to the disrepair of Grant's Tomb in New York City. He is the author of President Grant Reconsidered, and he has written articles in the fields of Supreme Court jurisprudence and American history, as well as civil procedure.

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