The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment

Kobo ebook | October 6, 2010

byAlexander Tsesis

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In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its contemporary 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 laid the foundation for future civil rights and social justice legislation, yet subsequent reinterpretation and misappropriation has curbed more substantive change. With constitutional jurisprudence undergoing a revival, The Promises of Liberty provides a full historical portrait of the Thirteenth Amendment and its untapped potential for ensuring common liberties.

The collection begins with an introduction by Pulitzer Prize-winning historian David Brion Davis (Yale), who discusses the failure of the Thirteenth Amendment to achieve its framers' objectives. Davis is followed by James M. McPherson (Princeton), another Pulitzer recipient, who recounts the influence of abolitionists on the ratification process. Subsequent essays address Lincoln's commitment to ending slavery and the Thirteenth Amendment's surprisingly small role during and after Reconstruction. The anthology's third Pulitzer Prize winner, David M. Oshinsky (University of Texas, New York University), explains how peonage undermined the prohibition against compulsory service. Other essays relate the amendment to contemporary issues in organized labor, reproductive rights, and citizenship.

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In these original essays, America's leading historians and legal scholars reassess the ratification of the Thirteenth Amendment and its contemporary 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....

Alexander Tsesis is a professor at the Loyola University School of Law. He is the author of We Shall Overcome: A History of Civil Rights and the Law; The Thirteenth Amendment and American Freedom; and Destructive Messages: How Hate Speech Paves the Way for Harmful Social Movements.

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Format:Kobo ebookPublished:October 6, 2010Publisher:Columbia University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0231520131

ISBN - 13:9780231520133

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Table of Contents

Foreword: The Rocky Road to Freedom -- Crucial Barriers to Abolition in the Antebellum Years, by David Brion Davis
1. Introduction: The Thirteenth Amendment's Revolutionary Aims, by Alexander Tsesis
Part 1: Historical Settings
2. In Pursuit of Constitutional Abolitionism, by James M. McPherson
3. The Civil War, Emancipation, and the Thirteenth Amendment: Understanding Who Freed the Slaves, by Paul Finkelman
4. Citizenship and the Thirteenth Amendment: Understanding the Deafening Silence, by Michael Vorenberg
5. Emancipation and Civic Status: The American Experience, 1865--1915, by William M. Wiecek
6. Convict Labor in the Post--Civil War South: Involuntary Servitude After the Thirteenth Amendment, by David M. Oshinsky
7. The Thirteenth Amendment and a New Deal for Civil Rights, by Risa L. Goluboff
8. The Workers' Freedom of Association Under the Thirteenth Amendment, by James Gray Pope
Part 2: Current Legal Landscapes
9. The Badges and Incidents of Slavery and the Power of Congress to Enforce the Thirteenth Amendment, by George A. Rutherglen
10. The Promise of Congressional Enforcement, by Rebecca E. Zietlow
11. Protecting Full and Equal Rights: The Floor and More, by Aviam Soifer
12. Forced Labor Revisited: The Thirteenth Amendment and Abortion, by Andrew Koppelman
13. The Slave Power Undead: Criminal Justice Successes and Failures of the Thirteenth Amendment, by Andrew E. Taslitz
14. Toward a Thirteenth Amendment Exclusionary Rule as a Remedy for Racial Profiling, by William M. Carter
15. Immigrant Workers and the Thirteenth Amendment, by Maria L. Ontiveros
16. A Thirteenth Amendment Agenda for the Twenty-first Century: Of Promises, Power, and Precaution, by Darrell A. H. Miller
17. Epilogue: The Enduring Legacy of the Thirteenth Amendment, by Robert J. Kaczorowski
Acknowledgments
List of Contributors
Index

Editorial Reviews

A riveting, provocative collection of essays by what can only be described as an all-star team of historians and legal analysts.