Rehearsal for Reconstruction: Antebellum Origins of the Fourteenth Amendment

Abstract

In this article Professor Finkelman explores the intent of the framers of the Fourteenth Amendment by looking at race relations in the North in the years leading up to the Civil War. While slavery had been abolished in the North, Blacks were far from political equals, but continued to migrate north in droves in the years leading up to the war. However, Professor Finkelman asserts that contrary to what most scholars have argued, Blacks living in the North had numerous legal rights and their legal position was improving during the antebellum period. Additionally, Professor Finkelman holds that the rehearsal for Reconstruction actually began as early as the 1830s.

Keywords: fourteenth amendment, reconstruction