The Thirteenth Amendment and American Freedom: A Legal HistoryIn 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. |
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... Congress can pass any laws preventing intrusions on liberty that it finds to be rationally related to slavery. The amendment ended all aspects of the South's peculiar institution, which spread far beyond plantation husbandry into ...
... Congress the authority to protect civil rights. In fact, I argue that the amendment requires the federal government to protect individuals' liberty rights, both from arbitrary private and arbitrary state infringements. The Thirteenth ...
... Congress until its ratification in 1865. The Senate had passed the proposed amendment in 1864, but because of Democratic congressional gains in the 1862 election the proposal initially had failed to muster sufficient votes in the House ...
... Congress intended to achieve. Many Radical Republicans, such as Senator John B. Henderson of Missouri, recognized that slavery had “curse[d] the country” and brought “untold miseries.”10 The 1864 and 1865 congressional debates on the ...
... Congress and the Supreme Court have rarely relied on the Thirteenth Amendment for protecting the fundamental right to liberty. They have preferred to locate a variety of liberty rights in the Due Process and Commerce Clauses. Part of my ...
Contents
11 | |
34 | |
End of Radical Ideals and Judicial Response | 59 |
Summing Up and Looking Ahead | 94 |
Theoretical Foundation | 101 |
Thirteenth Amendment and Constitutional Rights | 112 |
Contemporary Settings | 137 |
Conclusion | 161 |
Select Bibliography | 201 |
Index | 221 |
About the Author | 229 |
Other editions - View all
The Thirteenth Amendment and American Freedom: A Legal History Alexander Tsesis Limited preview - 2004 |
The Thirteenth Amendment and American Freedom: A Legal History Alexander Tsesis No preview available - 2004 |