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Rehearsal for Reconstruction: Antebellum Origins of the Fourteenth Amendment

THE FACTS OF RECONSTRUCTION, Eric Anderson and Alfred A. Moss, Jr., eds., pp. 1-27, Louisiana State University Press, 1991

27 Pages Posted: 17 Nov 2009  

Paul Finkelman

University of Pittsburgh, School of Law; Albany Law School - Government Law Center

Date Written: 1991

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

Suggested Citation

Finkelman, Paul, Rehearsal for Reconstruction: Antebellum Origins of the Fourteenth Amendment (1991). THE FACTS OF RECONSTRUCTION, Eric Anderson and Alfred A. Moss, Jr., eds., pp. 1-27, Louisiana State University Press, 1991. Available at SSRN: https://ssrn.com/abstract=1507095

Paul Finkelman (Contact Author)

University of Pittsburgh, School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-2079 (Phone)

Albany Law School - Government Law Center ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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