Reconstruction Amendments Quotes

Instead of going higher, instead of looking at the ideals the Reconstruction Amendments represent, originalists again try to hobble them by limiting them to what dead white people may have thought.

But Lincoln says something about the future that’s pretty amazing. He says that this nation shall have a new birth of freedom. And it does. The Reconstruction Amendments—the Thirteenth, Fourteenth, and Fifteenth—give us a new set of founding principles.

The Republican Congress shelved a civil rights bill, and, in May 1872, it enacted an amnesty law that restored full political rights to the vast majority of ex-Confederates who had been barred from office under a special provision of the Fourteenth Amendment.

On May 31, 1870, invoking the new amendments as authority, Congress passed the Enforcement Act, which made racist terrorism a federal offense. To help put it into effect, Grant and Congress created the Department of Justice, with authority over all federal civil and criminal cases.

The America promised in Lincoln’s speeches and delivered by the Reconstruction Amendments is not a fulfillment of founding ideals but their repudiation. It is based on inclusive equality, not exclusive individualism. Its political community is open rather than closed by race. Its criterion of legitimacy is not whether a government protects the natural rights of insiders—a principle that prohibits redistribution to outsiders and even to other insiders—but rather whether it represents the will of the people. This principle allows insiders not just to fight for their own rights but to make sacrifices for others. The Civil War, far more than the Revolution, embodies this principle, which the “Battle Hymn of the Republic” celebrates: Let us die to make men free.

Indeed, when people talk about how the Constitution is designed to implement the principles of the Declaration, they almost always point to the Fourteenth Amendment—sometimes without noticing that this means they are not talking about the Founders’ Constitution. In part due to Supreme Court decisions, however, the federal government ended up protecting individuals primarily from states and secondarily, if at all, from other individuals.

the lower South, its meaning was settled by the overtly discriminatory Black Codes. These codes, described by Kenneth Stampp as “a twilight zone between slavery and freedom,”12 restricted Blacks by, for instance, requiring them to sign labor contracts and prohibiting them from taking any job other than farmer or servant without receiving a license and paying a tax.13 Extensive regulation of the “employment” relationship made it resemble slavery, with “masters” allowed to whip “servants.” Breaching or not entering into a contract could trigger the application of vagrancy laws, which took advantage of the Thirteenth Amendment back door: Blacks convicted of vagrancy could be sentenced to work or leased out while prisoners.

I’m not a Black Nationalist, because I believe the Reconstruction and Nineteenth Amendments could redeem this whole bigoted and misogynist enterprise. But white people won’t let them. It really is that simple. I say the fifteenth Amendment must mean that the votes of Black people cannot be suppressed by voter ID laws, and white people tell me no. I say that Black political power cannot be gerrymandered away by racist white legislatures, and white people tell me no. I say that the Fourteenth Amendment’s grant of equal protection of laws must protect me from racial harassment by the cops, and entitles me to equal pay for my talents, and promises me that my peaceful protest will be treated with the same permissiveness the cops accord to a mob of white insurrectionists storming the nation’s Capitol, and white people tell me no, no, no. These amendments are a tonic white people refuse to drink. They can cure the Constitution of its addiction to white male supremacy, if white people would just take the medicine.

To understand and criticise intelligently so vast a work, one must not forget an instant the drift of things in the later sixties. Lee had surrendered, Lincoln was dead, and Johnson and Congress were at loggerheads; the Thirteenth Amendment was adopted, the Fourteenth pending, and the Fifteenth declared in force in 1870. Guerrilla raiding, the ever-present flickering after-flame of war, was spending its forces against the Negroes, and all the Southern land was awakening as from some wild dream to poverty and social revolution. In a time of perfect calm, amid willing neighbors and streaming wealth, the social uplifting of four million slaves to an assured and self-sustaining place in the body politic and economic would have been a herculean task; but when to the inherent difficulties of so delicate and nice a social operation were added the spite and hate of conflict, the hell of war; when suspicion and cruelty were rife, and gaunt Hunger wept beside Bereavement,—in such a case, the work of any instrument of social regeneration was in large part foredoomed to failure. The very name of the [Freedmen's] Bureau stood for a thing in the South which for two centuries and better men had refused even to argue,—that life amid free Negroes was simply unthinkable, the maddest of experiments.

The scheme began to unravel following the Panic of 1873 when railroad investments failed. The bank experienced several runs at the height of the panic. The panic would not have affected the bank if it had been a savings bank, but by 1866, the business of the bank had become…reckless speculation, over-capitalization, stock manipulation, intrigue and bribery, and downright plundering…. In a last ditch effort to save the bank, the Trustees appointed Frederick Douglas as Bank President in March of 1874. Douglass did not ask to be nominated and the Bank Board knew that Douglass had no experience in banking, but they felt that his reputation and popularity would restore confidence to fleeing depositors….Douglas lent the bank $10,000 of his own money to cover the bank’s illiquid assets….Douglass quickly discovered that the bank was full of dead men’s bones, rottenness and corruption. As soon as Douglass realized that the bank was headed towards certain failure, he imposed drastic spending cuts to limit depositors’ losses. He then relayed this information to Congress, underscoring the bank’s insolvency, and declaring that he could no longer ask his people to deposit their money in it. Despite the other Trustees’ attempts to convince Congress otherwise, Congress sided with Douglass, and on June 20, 1874, Congress amended the Charter to authorize the Trustees to end operations. Within a few weeks’ time, the bank’s doors were shut for good on June 29, 1874, leaving 61,131 depositors without access to nearly $3 million dollars in deposits. More than half of accumulated black wealth disappeared through the mismanagement of the Freedman’s Savings Bank. And what is most lamentable…is the fact that only a few of those who embezzled and defrauded the one-time liquid assets of this bank were ever prosecuted….Congress did appoint a commission led by John AJ Cresswell to look into the failure and to recover as much of the deposits as possible. In 1880, Henry Cook testified about the bank failure and said that bank’s depositors were victims of a widespread universal sweeping financial disaster. In other words, it was the Market’s fault, not his. The misdeeds of the bank’s management never came to light.

Of the seven Archons that had combined to form the Milky Way mind, Orion had been the Archon whose verve and remorseless drive inspired and frightened and tempted the others into cooperation. Of the twenty-five Authorities forming the long-lost Orion Arm, the Benedictine was the most significant and influential of the ancient forefathers. The Benedictines were combination of three Dominions, issuing from the Collective at the Praesepe Cluster, the Abstraction at Orion Nebula, and the Empyrean at the Hyades Cluster. The Empyreans issued from a world called Eden, allegedly outside Hyades itself, and had displaced the original inhabitants of Hyades, a rude confederation of Virtues, Hosts, and races who names even devout paleohistorians could not with certainty invoke. Occupying the debris of the oldest archival strata were traces of the legendary founder of this Domination, an Empyrean called the Judge of Ages. He was the direct lineal ancestor of the memory chains of the last-known warlord of the Milky Way. Variations of him existed everywhere, of course; he was the base template for nearly every emissary form known in the Milky Way, and the founder of the Count-to-Infinity cliometric which had replaced the Cold Equations of the Interregnum. But such emissaries had been sent to Andromeda and rejected, even destroyed. No recent version of the countless copies would do, nor was there time to send to the core of the Milky Way, where the vast warlord Archon was last known to have been active. Once of the necromancers—call her Alcina—sought his ghost where others had overlooked, in one of the oldest archives, well preserved, amid the Austerity of the Cygnus Arm. Alcina reconstructed him, mind and body, comparing this core to many other records, carefully parsing away amendments and mythical excrescences of later editors. And Menelaus Montrose came to life once more, swearing.

The amendments’ “plain purpose,” he wrote, was to place under national jurisdiction “the whole subject” of citizens’ rights. But too many rights had been lost as soon as they reached “that grave of liberty, the Supreme Court of the United States.”50

The leaders of the plantation economy (e.g., Jefferson, Madison) feared a standing army, and would have none of it. One reason for resistance to a standing army was that any slave who served in the army would have a claim to emancipation. Such leaders did not want such an army, but wanted instead to assure that the reach of the federal government would not and could not do away with “state militia.” Thus the amendment guarantees the continuing right of such “organized militia” to work their unrestrained will in the slave economy, unhindered by federal check or restraint. The purpose of the amendment was to continue the means to control the slave population. The only ones who could rightly have a gun had to be a “citizen,” which of course meant a white property owner. Thus guns were safely withheld from any slave (or any Black) person, none of whom could qualify as a citizen. Thus Hartman can conclude: It didn’t take any time at all for white southerners to realize that if the race-based hierarchy of the Old South was to be preserved, white people needed to be the only armed people. . . . Today the genocide of Native Americans has settled into a slow simmer of malnutrition, poverty, and voter suppression; the enslavement of people of African descent has shifted from plantations to slums and prisons; and the modern police state constructed during the conquest era, the slavery era, and Reconstruction after the Civil War, and thrown into high gear in the 1970s with Nixon’s war on drugs, is still alive and well. All it requires to keep it in place is lots of guns. (65, 89)

Reconstruction is part of our lives even today. Issues that agitate American politics—who is an American citizen and what rights come along with citizenship, the relative powers of the national government and the states, affirmative action, the relationship between political and economic democracy, the proper response to terrorism—are Reconstruction questions. Reconstruction is embedded in our judicial processes. Every session of the Supreme Court adjudicates issues arising from the Fourteenth Amendment and the civil rights legislation of Reconstruction.

The Thirteenth, Fourteenth, and Fifteenth amendments were passed in the aftermath of the Civil War. They were passed by the Republican Party. The Republicans enacted these measures then to secure the freedom, equality, and social justice that Democrats keep harping on today. To further promote these goals, Republicans also implemented a series of Civil Rights laws: the Civil Rights Act of 1866, the Reconstruction Act of 1867, and the Ku Klux Klan Act of 1871.

In 1870 in response to the Fifteenth Amendment, the citizens of Michigan made a simple but far-reaching alteration to their 1850 constitution. They struck out the word “white.

Stanton and Anthony opposed the Fifteenth Amendment, using increasingly elitist arguments to oppose giving black and immigrant men the right to vote before women.

The desire to ground Reconstruction in the Constitution led to the passage of the most important amendment to the Constitution, to that point or since, and the single most significant act of the Thirty-Ninth Congress: the Fourteenth Amendment.

In 1876, Democrats congratulated themselves on redeeming the state in the name of white supremacy. Well before the close of Reconstruction in 1877, the vengeance of the Redeemers had essentially suspended the Thirteenth, Fourteenth, and Fifteenth Amendments in North Carolina. White supremacy was triumphant. For the next seventeen years, the Redeemers ruled North Carolina.

Later that spring and early summer, this seismic shift in Reconstruction policy and politics led to passage of a new Freedmen’s Bureau bill, the first Civil Rights Act of American history, and the Fourteenth Amendment.

The Fourteenth Amendment was a crucial step in transforming, in the words of the Republican editor George William Curtis, a government “for white men” into one “for mankind.”34

In 1870 he oversaw creation of the Justice Department, its first duty to bring thousands of anti-Klan indictments. By 1872 the monster had been slain, although its spirit resurfaced as the nation retreated from Reconstruction’s lofty aims. Grant presided over the Fifteenth Amendment, which gave blacks the right to vote, and landmark civil rights legislation, including the 1875 act outlawing racial discrimination in public accommodations.

So profound were these changes that the amendments should be seen not simply as an alteration of an existing structure but as a “second founding,” a “constitutional revolution,” in the words of Republican leader Carl Schurz, that created a fundamentally new document with a new definition of both the status of blacks and the rights of all Americans.1

The Supreme Court justices gave the aura of being “strict constitutionalists” whose job was not to interpret or create but merely to distinguish between the rights the federal government enforced and those controlled by the states.99 But the supposedly legally neutral interpretations had profound effects. And the court, just like Johnson, demonstrated an uncanny ability to ignore inconsistencies and to twist rules, beliefs, and values to undermine the solid progress in black people’s rights that the Radical Republicans had finally managed to put in place. The court declared that the Reconstruction amendments had illegally placed the full scope of civil rights, which had once been the domain of states, under federal authority. That usurpation of power was unconstitutional because it put state governments under Washington’s control, disrupted the distribution of power in the federal system, and radically altered the framework of American government.100 The justices consistently held to this supposedly strict reading of the Constitution when it came to African Americans’ rights.

The Supreme Court justices gave the aura of being “strict constitutionalists” whose job was not to interpret or create but merely to distinguish between the rights the federal government enforced and those controlled by the states.99 But the supposedly legally neutral interpretations had profound effects. And the court, just like Johnson, demonstrated an uncanny ability to ignore inconsistencies and to twist rules, beliefs, and values to undermine the solid progress in black people’s rights that the Radical Republicans had finally managed to put in place. The court declared that the Reconstruction amendments had illegally placed the full scope of civil rights, which had once been the domain of states, under federal authority. That usurpation of power was unconstitutional because it put state governments under Washington’s control, disrupted the distribution of power in the federal system, and radically altered the framework of American government.100 The justices consistently held to this supposedly strict reading of the Constitution when it came to African Americans’ rights. Yet, this same court threw tradition and strict reading out the window in the Santa Clara decision. California had changed its taxation laws to no longer allow corporations to deduct debt from the amount owed to the state or municipalities. The change applied only to businesses; people, under the new law, were not affected. The Southern Pacific Railroad refused to pay its new tax bill, arguing that its rights under the equal protection clause of the Fourteenth Amendment had been violated. In hearing the case, the court became innovative and creative as it transformed corporations into “people” who could not have their Fourteenth Amendment rights trampled on by local communities.101 So, while businesses were shielded, black Americans were most emphatically not. The ruling that began this long, disastrous legal retreat from a rights-based society was the 1873 Slaughterhouse Cases.

opposition in the press, for the first time in American history Congress overrode a presidential veto on a major piece of legislation. On April 9, the Civil Rights Act of 1866 became law. In May, for good measure, Congress finished its amended Freedmen’s Bureau bill and passed it over Johnson’s veto.

June, Congress drew up and quickly passed the Fourteenth Amendment that would, once ratified by three-fourths of the states, safeguard the equal-citizenship provisions of the new Civil Rights Act by enshrining them in the Constitution. The amendment would protect the Civil Rights Act from the Supreme Court by invalidating the Dred Scott ruling that African-Americans were not citizens. Since the Constitution assigns the president no role in the amendment

Even though the Thirteenth Amendment in 1865 ended slavery, it left a loophole that let the dominant caste enslave people convicted of a crime. This gave the dominant caste incentive to lock up lowest-caste people for subjective offenses like loitering or vagrancy at a time when free labor was needed in a penal system that the dominant caste alone controlled. After a decade of Reconstruction, just as African-Americans were seeking entry to mainstream society, the North abandoned its oversight of the South, pulled its occupying troops out of the region, and handed power back to the former rebels, leaving the survivors of slavery at the mercy of supremacist militias nursing wounds from the war. The federal government paid reparations not to the people who had been held captive, but rather to the people who had enslaved them. The former Confederates reinscribed a mutation of slavery in the form of sharecropping and an authoritarian regime that put people who had only recently emerged from slavery into a world of lynchings, night riders, and Klansmen, terrors meant to keep them subservient. As they foreclosed the hopes of African-Americans, they erected statues and monuments everywhere to the slave-owning Confederates, a naked forewarning to the lowest caste of its subjugation and powerlessness. It was psychic trolling of the first magnitude. People still raw from the trauma of floggings and family rupture, and the descendants of those people, were now forced to live amid monuments to the men who had gone to war to keep them at the level of livestock. To enter a courthouse to stand trial in a case that they were all but certain to lose, survivors of slavery had to pass statues of Confederate soldiers looking down from literal pedestals. They had to ride on roads named after the generals of their tormenters and walk past schools named after Klansmen. Well into the twentieth century, heirs to the Confederacy built a monument with Lee, Stonewall Jackson, and Jefferson Davis carved in granite, bigger than Mount Rushmore, in Stone Mountain, Georgia. If the Confederacy had lost the war, the culture of the South and the lives of the lowest caste did not reflect it. In fact, the return to power of the former Confederates meant retribution and even harder times to come.

Another powerful tool to stop African Americans from having any political voice was the white primary. Key to the white primary effectiveness was the fact that from Reconstruction until 1968 the South was a one-party system⁠—only Democrats needed apply, so despised was the party of Lincoln. Several of the states, therefore, began to discern that one way to skirt around the Fifteenth Amendment was to tinker with the primary election, during which the Democratic candidate was chosen.