Jump to ContentJump to Main Navigation
Civil Rights in the Shadow of SlaveryThe Constitution, Common Law, and the Civil Rights Act of 1866$
Users without a subscription are not able to see the full content.

George A. Rutherglen

Print publication date: 2012

Print ISBN-13: 9780199739707

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199739707.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 07 December 2019

Restrictive Interpretations and the End of Reconstruction

Restrictive Interpretations and the End of Reconstruction

Chapter:
(p.93) 5 Restrictive Interpretations and the End of Reconstruction
Source:
Civil Rights in the Shadow of Slavery
Author(s):

George Rutherglen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199739707.003.0005

The 1866 Act received restrictive interpretations even during Reconstruction, as did the Reconstruction amendments and other civil rights legislation. The Slaughter-House Cases, narrowly interpreting the Privileges or Immunities Clause of the Fourteenth Amendment, were emblematic of this tendency, which accelerated with the end of Reconstruction. These developments culminated in the Civil Rights Cases, which invalidated the public accommodations provisions of the Civil Rights Act of 1875. Nevertheless, even the Civil Rights Cases recognized the power of Congress to legislate against the “badges and incidents of slavery” in enforcing the Thirteenth Amendment. The restrictive developments were driven as much by concerns about preserving the balance of state and federal power, inherited from antebellum law, as they were by a waning political commitment to Reconstruction. The surviving civil rights laws, like the 1866 Act, represented an incomplete experiment in achieving equality in public life—one that was neither wholly repudiated nor effectively pursued when Reconstruction was abandoned. It had to await the Civil Rights Era before it was revived.

Keywords:   slaughter-house cases, civil rights cases, federalism, reconstruction, badges and incidents of slavery

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .