Book

Our Secret Constitution

George P. Fletcher

Published in print March 2003 | ISBN: 9780195156287
Published online November 2003 | e-ISBN: 9780199872169 | DOI: http://dx.doi.org/10.1093/0195156285.001.0001
Our Secret Constitution

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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

Book.  304 pages. 

Subjects: US Politics

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Table of Contents

Redemption Under Law in Our Secret Constitution

Chapter

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Radical Gettysburg in Our Secret Constitution

Chapter

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Nationhood in Our Secret Constitution

Chapter

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Loyalty and Betrayal in Our Secret Constitution

Chapter

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Equality in Our Secret Constitution

Chapter

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The Revolution That Never Was in Our Secret Constitution

Chapter

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Equality Without Vision in Our Secret Constitution

Chapter

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The Secret Constitution Resurgent in Our Secret Constitution

Chapter

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