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Books > History > American history
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Civil Rights in the Shadow of Slavery - The Constitution, Common Law, and the Civil Rights Act of 1866 (Hardcover, New)
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Civil Rights in the Shadow of Slavery - The Constitution, Common Law, and the Civil Rights Act of 1866 (Hardcover, New)
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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.
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