Jump to ContentJump to Main Navigation
Civil Rights in the Shadow of SlaveryThe Constitution, Common Law, and the Civil Rights Act of 1866$
Users without a subscription are not able to see the full content.

George A. Rutherglen

Print publication date: 2012

Print ISBN-13: 9780199739707

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199739707.001.0001

Show Summary Details
Page of

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: 25 October 2021

The Birth of Civil Rights

The Birth of Civil Rights

The Circumstances, Acts, and Legacy of the 39th Congress

(p.2) (p.3) 1 The Birth of Civil Rights
Civil Rights in the Shadow of Slavery

George Rutherglen

Oxford University Press

The The Civil Rights Act of 1866 was passed in the chaotic aftermath of the Civil War, addressing the pressing question of the status of the newly freed slaves—one that had not been resolved for all the bloodshed and devastation of the war. The Thirteenth Amendment also left this question unresolved, deferring to Congress by conferring on it the power to enforce the amendment “by appropriate legislation.” The 1866 Act was the first exercise of this power and it rapidly led to profound constitutional changes, the most important of which was the adoption of the Fourteenth Amendment. The act was then reenacted, and over the decades, it has continued to receive judicial and legislative attention. This chapter offers a synopsis of this history and the act's continuing influence.

Keywords:   enactment, Thirteenth Amendment, Fourteenth Amendment, enforcement, status, citizenship

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .