Chapter

Equality Without Vision

George P. Fletcher

in Our Secret Constitution

Published in print March 2003 | ISBN: 9780195156287
Published online November 2003 | e-ISBN: 9780199872169 | DOI: http://dx.doi.org/10.1093/0195156285.003.0008
Equality Without Vision

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This chapter discusses the paradoxical ways that the Civil War served to strengthen states’ rights. Abolition was countered in many states by the enactment of “the Black Codes”, undermining the voting rights and equal protection that had ostensibly been granted to newly freed slaves. The author argues that these developments affect American life to this day, in the forms of felon disenfranchisement and discrimination, and in instances of denial of equal justice under law, such as the 1973 Rodriguez case.

Keywords: abolition; Black Codes; Civil War; discrimination; equal justice under law; equal protection; felon disenfranchisement; Rodriguez case; states’ rights; voting rights

Chapter.  9043 words. 

Subjects: US Politics

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