Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866

Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866

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Hardcover, Oxford Univ Pr, 2012, ISBN13 9780199739707, ISBN10 0199739706
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CIVIL RIGHTS IN THE SHADOW OF SLAVERY

About this item

Important Made in USA Origin Disclaimer: For certain items sold by Walmart on Walmart.com, the displayed country of origin information may not be accurate or consistent with manufacturer information. For updated, accurate country of origin data, it is recommended that you rely on product packaging or manufacturer information.

CIVIL RIGHTS IN THE SHADOW OF SLAVERY

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 of Reconstruction 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 Supreme Court 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 civil rights, and this book positions both the Act and its legacy in a broad historical canvas.

Specifications

Number of Pages: 214
Original Languages: English
Author: Rutherglen, George
Book Format: Hardcover
Publisher: Oxford Univ Pr
ISBN-13: 9780199739707
Assembled Product Dimensions (L x W x H): 7.00 x 10.00 x 1.00 Inches
ISBN-10: 0199739706
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