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.
General
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