Civil Rights in the Shadow of Slavery: The Constitution, Common Law, and the Civil Rights Act of 1866
George A. Rutherglen
Abstract
This book recounts the history of the nation's first civil rights act, from its passage in 1866 through its interpretation and reenactment in developments that reach the present day. The Civil Rights Act of 1866 created civil rights as we now know them, and it exercised a deep and continuing influence over the constitutional and statutory protection of these rights. Almost all of the controversy over civil rights, from the scope of federal prohibitions against private discrimination to the remedies available to victims of civil rights violations, finds its roots in debates over the act. These ... More
This book recounts the history of the nation's first civil rights act, from its passage in 1866 through its interpretation and reenactment in developments that reach the present day. The Civil Rights Act of 1866 created civil rights as we now know them, and it exercised a deep and continuing influence over the constitutional and statutory protection of these rights. Almost all of the controversy over civil rights, from the scope of federal prohibitions against private discrimination to the remedies available to victims of civil rights violations, finds its roots in debates over the act. These issues are important in themselves, and all the more so because they exemplify the complementary roles of the legislature and the judiciary in giving meaning to the constitutional ideal of equality in public life. This book offers an appreciation of the Civil Rights Act of 1866, hitherto regarded in only selective and partial perspective, and provides a comprehensive view of the act over nearly a century and a half and a detailed account of its leading role in making civil rights a reality.
Keywords:
civil rights,
common law,
constitutional law,
congress,
The Supreme Court,
Civil Rights Act of 1866
Bibliographic Information
| Print publication date: 2012 |
Print ISBN-13: 9780199739707 |
| Published to Oxford Scholarship Online: January 2013 |
DOI:10.1093/acprof:oso/9780199739707.001.0001 |
