The Politics of Judicial Interpretation: The Federal Courts, Department of Justice, and Civil Rights, 1866-1876

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This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction. Should be required reading . . . for all historians, jurists, lawyers, political scientists, and government officials who in one way or another are responsible for understanding and interpreting our civil rights past.-Harold M. Hyman, Journal of Southern HistoryImportant, richly researched. . . . the fullest account now available.-American Journal of Legal History
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Product Details

  • ISBN-13: 9780823223824
  • Publisher: Fordham University Press
  • Publication date: 11/1/2004
  • Series: Reconstructing America Series
  • Edition description: 1
  • Pages: 256
  • Product dimensions: 8.90 (w) x 5.90 (h) x 0.80 (d)

Meet the Author

Robert J. Kaczorowski, Professor of Law and Director of the Condon Institute in Legal History at Fordham University School of Law, is also co-editor of Constitutionalism in American Culture: Writing the New Constitutional History.

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Table of Contents

1 Judicial interpretations of national civil rights enforcement authority, 1866-1873 1
2 The Freedmen's Bureau and civil rights enforcement, 1866-1868 21
3 The politics of civil rights enforcement in the federal courts, 1866-1873 38
4 The Department of Justice and civil rights enforcement, 1870-1871 62
5 The Department of Justice and the retreat from civil rights enforcement, 1872-1873 80
6 The judicial administration of civil rights enforcement, 1870-1872 93
7 The Supreme Court as legislature : the judicial retreat from civil rights enforcement 108
8 The judicial curtailment of civil rights enforcement, 1874-1875 140
9 The reinstitution of decentralized constitutionalism : the Supreme Court and civil rights, 1876 161
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