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In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its relevance to issues of liberty, justice, and equality. The Thirteenth Amendment abolished slavery in the United States, reasserting the radical, egalitarian dimensions of the Constitution. It also laid the foundations for future civil rights and social justice legislation. Yet subsequent reinterpretation and misappropriation have curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full portrait of the Thirteenth Amendment and its potential for ensuring liberty.The collection begins with Pulitzer Prize-winning historian David Brion Davis, who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. The next piece, by Alexander Tsesis, provides a detailed account of the Amendment's revolutionary character. James M. McPherson, another Pulitzer recipient, recounts the influence of abolitionists on the ratification process, and Paul Finkelman focuses on who freed the slaves and President Lincoln's commitment to ending slavery. Michael Vorenberg revisits the nineteenth century's understanding of freedom and citizenship and the Amendment's surprisingly small role in the Reconstruction and post-Reconstruction periods. William M. Wiecek shows how the Supreme Court's narrow interpretation once rendered the guarantee of freedom nearly illusory, and the collection's third Pulitzer Prize winner, David M. Oshinsky, explains how peonage undermined the prohibition against compulsory service. Subsequent essays relate the Thirteenth Amendment to congressional authority, hate crimes legislation, the labor movement, and immigrant rights. These chapters analyze unique features of the amendment along with its elusive meanings and affirm its power to reform criminal and immigration law, affirmative action policies, and the protection of civil liberties.
Slavery --- Law and legislation --- United States. --- United States --- United States. Constitution. 13th Amendment
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This book examines emancipation after the Emancipation Proclamation of 1863. Focusing on the making and meaning of the Thirteenth Amendment, Final Freedom looks at the struggle among legal thinkers, politicians, and ordinary Americans in the North and the border states to find a way to abolish slavery that would overcome the inadequacies of the Emancipation Proclamation. The book tells the dramatic story of the creation of a constitutional amendment and reveals an unprecedented transformation in American race relations, politics, and constitutional thought. Using a wide array of archival and published sources, Professor Vorenberg argues that the crucial consideration of emancipation occurred after, not before, the Emancipation Proclamation; that the debate over final freedom was shaped by a level of volatility in party politics underestimated by prior historians; and that the abolition of slavery by constitutional amendment represented a novel method of reform that transformed attitudes toward the Constitution.
Slaves --- African Americans --- Constitutional history --- Slavery --- Emancipation --- Civil rights --- History --- United States. --- United States --- African Americans. --- Politics and government --- Afro-Americans --- Negroes --- Lincoln, Abraham --- Civil War, 1861-1865 --- United States. Constitution. 13th Amendment --- Views on slavery --- 19th century --- United States. - President (1861-1865 : Lincoln). - Emancipation Proclamation. --- Arts and Humanities --- Enslaved persons
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In this landmark book, Daniel Crofts examines a little-known episode in the most celebrated aspect of Abraham Lincoln's life: his role as the "Great Emancipator." Lincoln always hated slavery, but he also believed it to be legal where it already existed, and he never imagined fighting a war to end it. In 1861, as part of a last-ditch effort to preserve the Union and prevent war, the new president even offered to accept a constitutional amendment that barred Congress from interfering with slavery in the slave states. Lincoln made this key overture in his first inaugural address. Crofts unearths the hidden history and political maneuvering behind the stillborn attempt to enact this amendment, the polar opposite of the actual Thirteenth Amendment of 1865 that ended slavery. This compelling book sheds light on an overlooked element of Lincoln's statecraft and presents a relentlessly honest portrayal of America's most admired president. Crofts rejects the view advanced by some Lincoln scholars that the wartime momentum toward emancipation originated well before the first shots were fired. Lincoln did indeed become the "Great Emancipator," but he had no such intention when he first took office. Only amid the crucible of combat did the war to save the Union become a war for freedom.
Slaves --- Slavery --- United States - General --- Regions & Countries - Americas --- History & Archaeology --- History --- Emancipation --- Law and legislation --- Lincoln, Abraham, --- Political and social views. --- United States. --- Enslaved persons --- Abolition of slavery --- Antislavery --- Enslavement --- Mui tsai --- Ownership of slaves --- Servitude --- Slave keeping --- Slave system --- Slaveholding --- Thralldom --- Linkŭln, Abrakham, --- Linkolʹn, Avraam, --- Linkūln, Ibrāhīm, --- Linkan, ʼAbrehām, --- Lincoln, A. --- Lin-kʻen, --- Linken, --- Lin, Kʻen, --- Lingkʻŏn, --- Lincoln, Abe, --- Liṅkan, Ēbrāhaṃ, --- Liṅkan, Abrahāṃ, --- לינקאלין, --- לינקאלן, אייברעהעם, --- לינקולן, אברהם --- 林肯, --- Liṅkana, Ābrāhama, --- Persons --- History. --- Lincoln, Abraham --- Political and social views --- United States. Constitution. 13th Amendment --- United States
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After its early introduction into the English colonies in North America, slavery in the United States lasted as a legal institution until the passage of the Thirteenth Amendment to the Constitution in 1865. But increasingly during the contested politics of the early republic, abolitionists cried out that the Constitution itself was a slaveowners' document, produced to protect and further their rights. A Slaveholders' Union furthers this unsettling claim by demonstrating once and for all that slavery was indeed an essential part of the foundation of the nascent republic. In this powerful book, George William Van Cleve demonstrates that the Constitution was pro-slavery in its politics, its economics, and its law. He convincingly shows that the Constitutional provisions protecting slavery were much more than mere "political" compromises-they were integral to the principles of the new nation. By the late 1780's, a majority of Americans wanted to create a strong federal republic that would be capable of expanding into a continental empire. In order for America to become an empire on such a scale, Van Cleve argues, the Southern states had to be willing partners in the endeavor, and the cost of their allegiance was the deliberate long-term protection of slavery by America's leaders through the nation's early expansion. Reconsidering the role played by the gradual abolition of slavery in the North, Van Cleve also shows that abolition there was much less progressive in its origins-and had much less influence on slavery's expansion-than previously thought. Deftly interweaving historical and political analyses, A Slaveholders' Union will likely become the definitive explanation of slavery's persistence and growth-and of its influence on American constitutional development-from the Revolutionary War through the Missouri Compromise of 1821.
Slavery --- History --- 18th century --- 19th century --- Political aspects --- United States --- Law and legislation --- Revolution, 1775-1783 --- 1783-1815 --- Abolition of slavery --- Antislavery --- Enslavement --- Mui tsai --- Ownership of slaves --- Servitude --- Slave keeping --- Slave system --- Slaveholding --- Thralldom --- Crimes against humanity --- Serfdom --- Slaveholders --- Slaves --- Enslaved persons --- slavery, slaves, united states of america, american history, usa, historical research, constitution, law, legal, politics, political studies, 13th amendment, abolitionists, economics, legality, arguments, representation, racism, race, african americans, compromises, southern, south, constitutional development, 18th century, legislation, empire, confederation, reform, opinion, slaveholders, missouri compact, voting, labor, protection.
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How the attorney-client relationship favors the privileged in criminal court--and denies justice to the poor and to working-class people of color. The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today's criminal courts, and describes the reforms needed to correct them.
Social problems --- Sociology of law --- Legal theory and methods. Philosophy of law --- Criminology. Victimology --- United States --- Discrimination in criminal justice administration --- Equality --- #SBIB:343.9H0 --- 316.334.4 --- 316.334.4 Rechtssociologie --- Rechtssociologie --- Criminologie --- Attorney and client --- Egalitarianism --- Inequality --- Social equality --- Social inequality --- Political science --- Sociology --- Democracy --- Liberty --- Race discrimination in criminal justice administration --- Criminal justice, Administration of --- Attorney-client relationships --- Attorneys and clients --- Client and attorney --- Client and lawyer --- Client-attorney relationships --- Client-lawyer relationships --- Clients and attorneys --- Clients and lawyers --- Counseling, Legal --- Lawyer and client --- Lawyer-client relationships --- Lawyers and clients --- Legal counseling --- Interpersonal relations --- Law and legislation --- 13th. --- Ava DuVernay. --- Black Lives Matter. --- Bryan Stevenson. --- Center for Court Innovation. --- Just Mercy. --- Raj Jayadev. --- Silicon Valley De-Bug. --- affluence. --- crime and punishment. --- crime. --- criminal justice. --- criminology. --- ethnography. --- indigent defense. --- law. --- participatory defense. --- public defense. --- punishment. --- racism. --- social justice. --- Discrimination en justice pénale --- Racism in criminal justice administration --- Racisme dans l'administration de la justice pénale --- Justice pénale --- Inégalité sociale --- Relations avocat-client --- Administration --- Massachusetts --- Discrimination dans l'administration de la justice pénale --- Justice pénale --- Attorney and client. --- Discrimination in criminal justice administration. --- Equality. --- Racisme --- United States of America --- États-Unis --- Discrimination dans l'administration de la justice pénale --- Inégalité sociale --- 13th amendment.
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