Black Rights in the Reconstruction Era

The book systematically examines the post–Civil War laws; discusses their origins, meanings, and court interpretations; and integrates them into a historical narrative to highlight the legal and constitutional issues involving Reconstruction and the black experience and the problems of federalism, states’ rights, and civil rights.

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Most observers and historians rarely acknowledge the history of civil rights predating the twentieth-century. The book Black Rights in the Reconstruction Era pays significant scholarly attention to the intellectual ferment—legal and political—of the nineteenth-century by tracing the history of black Americans’ civil rights to the postbellum era. By revisiting its faulty foundational history, this book lends itself to show that, after emancipation, national and local struggles for racial equality had led to the encoding of racism in the political order in the American South and the proliferation of racism as an American institution.Vanessa Holloway draws upon a host of historical, legal, and philosophical studies as well as legislative histories to construct a coherent theory of the law’s relevance to the era, questioning how the nexus of race and politics should be interpreted during Reconstruction. Anchored in the Reconstruction Amendments, Supreme Court decisions and landmark statutes of the 1860s and 1870s—the Black Codes, the Freedmen’s Bureau, the Civil Rights Act of 1866, the Reconstruction Acts, the Enforcement Acts, and the Civil Rights Act of 1875—Black Rights in the Reconstruction Era offers a new perspective on the political history of law between the years 1865 and 1877. It is predominant in the ongoing debates on social justice and racial inequality.