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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... violated the “rights of life and liberty in the persons of a distant people.” South Carolina, which repeatedly appeared as a leader in the antebellum proslavery camp, opposed the clause, and the Continental Congress did not retain it in ...
... violated substantive due process: “[A]n act of Congress which deprives a citizen of the United States of his liberty or property, merely because he came himself or brought his property into a particular Territory of the United States ...
... violated the U.S. Constitution. They based their opposition to the act on three constitutional guarantees: the Fifth Amendment's guarantee against the deprivation of life, liberty, or property without due process; the Seventh ...
... violated the Fifth Amendment's prohibition against depriving persons of property without due process of law. Justice Curtis, one of the two dissenting justices, refused to recognize the majority's decision to be binding because it went ...
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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 |