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In this volume, ten expert historians and legal scholars examine
the Civil Rights Act of 1866, the first federal civil rights
statute in American history. The act declared that all persons born
in the United States were citizens without regard to race, color,
or previous condition of slavery. Designed to give the Thirteenth
Amendment practical effect as former slave states enacted laws
limiting the rights of African Americans, this measure for the
first time defined U.S. citizenship and the rights associated with
it. Essays examine the history and legal ramifications of the act
and highlight competing impulses within it, including the
often-neglected Section 9, which allows the president to use the
nation's military in its enforcement; an investigation of how the
Thirteenth Amendment operated to overturn the Dred Scott case; and,
New England's role in the passage of the act. The act is analyzed
as it operated in several states such as Kentucky, Missouri, and
South Carolina during Reconstruction. There is also a consideration
of the act and its interpretation by the Supreme Court in its first
decades. Other essays include a discussion of the act in terms of
contract rights and in the context of the post-World War II Civil
Rights Era as well as an analysis of the act's backward-looking and
forward-looking nature. Not only is the Civil Rights Act of 1866
historically significant as the moment in Reconstruction when the
federal government first sought to define national citizenship and
protect civil rights, it continues to frame citizenship and rights
debates and it is still used in federal lawsuits today.
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