Rethinking the judicial settlement of Reconstruction / Pamela Brandwein.
Cambridge ; New York : Cambridge University Press, 2011.
xi, 269 pages ; 25 cm.
Cambridge studies on the American Constitution.
Formatted Contents Note
Abandoned Blacks? The emergence of the concept of state neglect, 1867-1873 The civil/social distinction : an intramural Republican dispute The birth of state action doctrine, 1874-1876 A surviving sectional context, 1876-1891 The Civil Rights Cases and the language of state neglect Definitive judicial abandonment, 1896-1906 Twentieth-century receptions Conclusion.
"Demolishing the conventional wisdom that the Supreme Court's doctrine of state action killed Reconstruction, Pamela Brandwein unveils a lost jurisprudence of rights and redefines the legal transition to Jim Crow"-- Provided by publisher. "American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 245-260) and index.