Our Secret Constitution
How Lincoln Redefined American Democracy
Fletcher, George P.,
Cardozo Professor of Jurisprudence,
Columbia University School of Law
Print publication date: 2003
Published to Oxford Scholarship Online: November 2003 Print ISBN-13: 978-0-19-515628-7 doi:10.1093/0195156285.001.0001 |
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Abstract:
This book asserts that the Civil War marks the end of one era of American legal history, and the beginning of another. Abraham Lincoln's famous Gettysberg Address is viewed as the beginning of a new kind of “covert” constitutional law – one with a stronger emphasis on equality in the wake of the abolition of slavery – which was legally established in the Amendments made to the U.S. Constitution between 1865 and 1870. The author asserts that the influence of this “secret constitution”, which has varied in degree from Reconstruction to the present day, is visible in the rulings of the Supreme Court on issues hinging on personal freedom, equality, and discrimination.
Keywords: Civil War, constitutional law, equality, Gettysburg Address, legal history, Abraham Lincoln, Reconstruction, slavery, Supreme Court, U.S. Constitution Table of Contents
Preface
The Argument for the Secret Constitution
Chapter 1.
Redemption Under Law
Chapter 2.
Radical Gettysburg
Chapter 3.
Nationhood
Chapter 4.
Loyalty and Betrayal
Chapter 5.
Equality
Chapter 6.
The Revolution That Never Was
Chapter 7.
Equality Without Vision
Chapter 8.
A Maxim of Justice: Its Birth and Rebirth
Chapter 9.
The Secret Constitution Resurgent
Chapter 10.
Government as Partner Against the Past
Chapter 11.
Neither Blue Nor Gray
Election Blues 2000
Index
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