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Conscience and the Constitution: History, Theory, and Law of the Reconstruction Amendments


ISBN13: 9780691600246
Published: July 2014
Publisher: Princeton University Press
Country of Publication: USA
Format: Paperback Reissue
Price: £34.00



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At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory.

In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues.

Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Subjects:
Other Jurisdictions , USA
Contents:
Aims and methodologies
The Reconstruction Amendments as History
The Reconstruction Amendments as Political Theory
An Alternative Approach
Proslavery Constitutionalism versus the Theory of Union
Antebellum Constitutional Crisis: Slavery and the Founding
Proslavery Constitutionalism28The Constitutionalism of Union
Adams, Webster, and Story: Foundations of Theory of Union
Francis Lieber
Abraham Lincoln
The Argument for Toleration in Abolitionist Moral, Political, and Constitutional Thought
Abolitionist Ethical Criticism of Slavery: The Analogy of Anti-Semitism
The Argument for Toleration
Slavery as a Political Evil
The Political Evil of Racism
Abolitionist Constitutional Theory
Radical Disunionism92Moderate Constitutional Antislavery
Radical Constitutional Antislavery
Legitimacy of Revolution
The Second American Revolution and the Reconstruction Amendments
Revolutionary Principles
Constitutional Principles of American Constitution
Analysis of Political Psychology
Comparative Political Science
American Political Experience
Constitutional Justification and Community
A Theory of Equal Protection
Racism as a Constitutional Evil
Anti-Semitism as Racism
Racial Segregation as a Violation of Equal Protection
A Theory of Suspect Classification Analysis
Gender as a Suspect Classification
Sexual Preference as a Suspect Classification
The Nationalization of Human Rights
Slaughter-House Cases
A Theory of Privileges and Immunities
Enumerated Rights
Unenumerated Rights
Economic Justice and the Constitution
Conscience and Constitutional Interpretation
Appendix I: Constitution, Statutes, and Legislative History
Appendix II: Case Law

Bibliography
Index