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B etween the years 1866 and 1873, a legal theory of national civil rights enforcement authority emerged in the courts of the United States that manifested a revolutionary impact of the Civil War upon the constitutional and legal structure of American federalism. The constitutional grounding of this theory was the Thirteenth and Fourteenth Amendments; its first expression was the product of judicial interpretations of the Civil Rights Act of 1866, of the concept of United States citizenship, and of the national government's authority to fix the status and to secure the fundamental rights of American citizens.The legal theory of national civil rights enforcement authority affirmed by judges may be succinctly stated. Judges defined United States citizenship under the Thirteenth and Fourteenth Amendments as the status of freemen. They equated the rights of United States citizenship to the natural rights of freemen. Judges reasoned that, since natural rights were now secured by the United States Constitution to United States citizens as such, Congress possessed plenary authority to protect these rights in whatever manner it deemed appropriate, consistent with the Constitution. The Const

Publisher

Fordham University Press

Published

2022

Language

EN