Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of…

Hardcover | December 17, 2012

byGeorge A. Rutherglen

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The 1866 Civil Rights Act is one of the most monumental pieces of legislation in American history, figuring into almost every subsequent piece of legislation dealing with civil rights for the next century. While numerous scholars have looked at it in the larger social and political context ofReconstruction and its relationship with the Fourteenth Amendment, this will be the first book that focuses on its central role in the long history of civil rights. As George Rutherglen argues, the Act has structured debates and controversies about civil rights up to the present. The history of the Act itself speaks to the fundamental issues that continue to surround civil rights law: the contested meaning of racial equality; the distinction between public and private action; the division of power between the states and the federal government; and the role of the SupremeCourt and Congress in implementing constitutional principles. Slavery, Freedom, and Civil Rights shows that the Act was not just an archetypal piece of Radical Republican legislation or merely a precursor to the Fourteenth Amendment. While its enactment led directly to passage of the amendment,their simultaneous existence going forward initiated a longstanding debate over the relationship between the two, and by proxy the Courts and Congress. How extensive was the Act's reach in relation to the Amendment? Could it regulate private discrimination? Supersede state law? What power did it endow to Congress, as opposed to the Courts? The debate spawned an important body of judicial doctrine dealing with almost all of the major issues in civilrights, and this book positions both the Act and its legacy in a broad historical canvas.

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The 1866 Civil Rights Act is one of the most monumental pieces of legislation in American history, figuring into almost every subsequent piece of legislation dealing with civil rights for the next century. While numerous scholars have looked at it in the larger social and political context ofReconstruction and its relationship with the...

George Rutherglen is John Barbee Minor Distinguished Professor of Law and Edward F. Howrey Research Professor at the University of Virginia.

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Format:HardcoverDimensions:224 pages, 9.25 × 6.12 × 0.98 inPublished:December 17, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199739706

ISBN - 13:9780199739707

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Table of Contents

1. The Birth of Civil Rights: The Circumstances, Acts, and Legacy of the 39th Congress2. Citizenship, Slavery, and the Constitutional Origins of the Act3. Reconceiving Civil Rights: The Passage and Structure of the Act4. The High Tide of Reconstruction: The Fourteenth Amendment and Later Legislation5. Restrictive Interpretations and the End of Reconstruction6. The Verdict of Quiescent Years: Aliens, Property, and State Action7. Resurrecting Civil Rights: Reading an Old Act for a New Era8. Reaffirming the Revived Act: Extension, Reconsideration, and Recodification9. Discerning the Future from the Past: The Contemporary Significance of the AcSelected Statutes