The Fourteenth Amendment as an Ending

Constitutional Beginnings and the Demise of the War Power

Bibliographic Data

ID22007657
AuthorsLisset Marie Pino, John Fabian Witt
Year2020
Volume10
Issue1
Pages5-28
Publication date2020-01-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueThe Journal of the Civil War Era (JOURNAL)
Journal identifiersISSN: 2159-9807 • E-ISSN: 2154-4727
PublisherProject MUSE (PUBLISHER • US)
DOI10.1353/cwe.2020.0001
OpenAlexW3012077488
LanguageEN
References cited20

Since its enactment and ratification, savvy observers have viewed the Fourteenth Amendment as a vindication of the military experience of the Civil War. Bullets and bayonets in wartime led to peacetime citizenship in Section 1 of the Fourteenth Amendment and to peacetime ballots that were first protected in Section 2 of the Fourteenth Amendment and then bolstered in the Fifteenth Amendment. But there is another story to tell as well, one in which the Fourteenth Amendment is not the beginning of a new constitutional story, or at least not only the beginning of a new story, but also a betrayal and an ending. In important respects the Fourteenth Amendment helped to close out the righteous form of power that had emerged in the antebellum era as a solution to the glaring injustice of slavery. This crucial authority was the federal government's war power. Stories of vindication and of new beginnings are not wrong. But they make it all too easy to miss the Fourteenth Amendment's role as part of a complicated denouement of the wartime experience, one that embodied the war's triumphs but also blunted their force and pace. The Fourteenth Amendment abandoned a vital chapter of American history even as it occasioned a new one whose results are still unfolding

Constitution · Constitutional amendment · Peacetime · Political science · Politics · Ratification · Spanish Civil War · American Constitutional Law and Politics · History · Law · Military and Defense Studies · Torture, Ethics, and Law

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