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. |
From inside the book
Results 1-5 of 40
... fundamental structure of U.S. law. Before states ratified the Thirteenth Amendment, the Constitution protected slaveholding interests. The delegates to the Philadelphia Constitutional Convention of 1787 decided that the Three-Fifths ...
... fundamental rights of others. Restrictions on autonomy that are predicated on arbitrary characteristics, such as race, ethnicity, gender, or sexual preference, encroach upon the victims' dignitary rights and harm overall welfare. Within ...
... fundamental right to liberty. They have preferred to locate a variety of liberty rights in the Due Process and Commerce Clauses. Part of my contention in chapter 6 is that the Fourteenth and Thirteenth Amendments are complementary ...
... fundamental liberties. The Thirteenth Amendment is not merely a positive prescription against slavery; it is a normative statement about the intrinsic value of freedom. It is both an excoriation of slavocracy, by which I mean all the ...
... fundamental interest in life and liberty. Meanwhile, proslavery rhetoric, which the Taney Court accepted, relied on the natural or vested property rights claim that the federal government could not trump state control over private ...
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 |