Constitutional amendments, like all laws, may lead to unanticipated and even undesired outcomes. In this collection of original essays, a team of distinguished historians, political scientists, and legal scholars led by award-winning constitutional historian David E. Kyvig examines significant instances in which reform produced something other than the foreseen result. An opening essay examines the intentions of the Constitution's framers in creating an amending mechanism and then explores unexpected uses of that instrument. Thereafter, authors focus on the Bill of Rights and subsequent amendments, addressing such subjects as criminal justice procedures, the presidential election system, the Civil War's impact on race and gender relations, the experiment in national prohibition, women's suffrage, and, finally, limits on the presidency. Together these contributions illuminate aspects of constitutional stability and evolution, challenging current thinking about reform within the formal system of change provided by Article V of the Constitution. Forcefully demonstrating that constitutional law is not immune to unanticipated consequences, the eight scholars underscore the need for care, responsibility, and historical awareness in altering the nation's fundamental law.

LaWanda Cox is widely regarded as one of the most influential historians of Reconstruction and nineteenth-century race relations. Imaginative in conception, forcefully argued, and elegantly written, her work helped reshape historians' understanding of the age of emancipation. Freedom, Racism, and Reconstruction brings together Cox's most important writings spanning more than forty years, including previously published essays, excerpts from her books, and an unpublished essay. Now retired from Hunter College and the Graduate Center of the City University of New York, Cox gave Donald G. Nieman her full cooperation on this project. The result is a cohesive book of refreshing and sophisticated analysis that illuminates a pivotal era in American history. It not only serves as a lasting testament to a highly original scholar but also makes available to readers a remarkable body of scholarship that remains required reading for anyone who wishes to understand the age of emancipation and the historian's craft.

The eight essays in this volume imaginatively explore the interrelationship between law and society in nineteenth-century America and encompass in their discussion some of the major historical issues of the era.

Much of the current reassessment of race, culture, and criminal justice in the nineteenth-century South has been based on intensive community studies. Drawing on previously untapped sources, the nine original papers collected here represent some of the best new work on how racial justice can be shaped by the particulars of time and place.

Although each essay is anchored in the local, several important larger themes emerge across the volume--such as the importance of personality and place, the movement of former slaves from the capriciousness of "plantation justice" to the (theoretically) more evenhanded processes of the courts, and the increased presence of government in daily aspects of American life.

"Local Matters" cites a wide range of examples to support these themes. One essay considers the case of a quasi-free slave in Natchez, Mississippi--himself a slaveowner--who was "reined in" by his master through the courts, while another shows how federal aims were subverted during trials held in the aftermath of the 1876 race riots in Ellenton, South Carolina. Other topics covered include the fear of black criminality as a motivation of Klan activity; the career of Thomas Ruffin, slaveowner and North Carolina Supreme Court Justice; blacks and the ballot in Washington County, Texas; the overturned murder conviction of a North Carolina slave who had killed a white man; the formation of a powerful white bloc in Vicksburg, Mississippi; agitation by black and white North Carolina women for greater protections from abusive white male elites; and slaves, crime, and the common law in New Orleans.

Together, these studies offer new insights into the nature of law and the fate of due process at different stages of a highly racialized society.