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
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... granting 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 ...
... granting disproportionate power to slave owners, rather than immediately producing the representative democracy that the Declaration heralded.10 The framers' lack of concern for the human rights of slaves was reflected in numerous ...
... granted each state presidential electors whose number was equal to the states' combined number of senators and representatives. The electors, who comprise the body that votes for the president, played a consequential role in both ...
... granted to the national government. The Palmetto State issued the 1832 Ordinance of Nullification, nullifying both the 1828 and 1832 federal protections on manufactured goods. South Carolina conceived both of them to be favorable to the ...
... granted them habeas corpus guarantees, prohibited their detention in state or county jails, penalized kidnapping, and provided fugitives with free legal counsel. The Fugitive Slave Law of 1793 left to the federal government the onus of ...
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 |