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Our Secret ConstitutionHow Lincoln Redefined American Democracy$
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George P. Fletcher

Print publication date: 2003

Print ISBN-13: 9780195156287

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0195156285.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 January 2022

The Revolution That Never Was

The Revolution That Never Was

(p.113) Chapter 6 The Revolution That Never Was
Our Secret Constitution

George P. Fletcher (Contributor Webpage)

Oxford University Press

This chapter addresses the problems arising from the clash of old and new ideologies during Reconstruction. Questions of federalism and states’ rights, and of equal protection and citizenship in light of abolition – illustrated in the landmark Slaughterhouse Case, and the Civil Rights Cases of 1883 – were ultimately referred to the Supreme Court. The author asserts that the Court's interpretation of the Thirteenth, Fourteenth, and Fifteenth Amendments in these cases served to undermine the cause of the new “secret” constitution.

Keywords:   abolition, citizenship, Civil Rights Cases, equal protection, federalism, Reconstruction Amendments, Slaughterhouse Case, states’ rights, Supreme Court

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