The Second Founding: How the Civil War and Reconstruction Remade the Constitution

After slavery was abolished, America needed to find a way to integrate formerly enslaved people into society. The Reconstruction amendments aimed to redefine American citizenship but were systematically undermined by entrenched societal and judicial biases. This redefinition encompassed legal, sociopolitical, and economic dimensions, fundamentally altering the nation’s conceptualization of citizenship. The Second Founding begins by exploring the legal framework established by the Reconstruction amendments. These amendments marked a departure from previous norms by establishing a new national identity that was inclusive of African Americans. By abolishing slavery, granting birthright citizenship, and securing voting rights irrespective of race, these legal changes dismantled the foundation of racialized class distinctions and linked citizenship with universal suffrage.

Central to this exploration is how rights were categorized during this transformative period. The 13th Amendment abolished slavery, laying the foundational legal framework for redefining personhood and liberty. However, it was the 14th Amendment that explicitly categorized rights into two crucial types: civil and political. The amendment, in theory, guaranteed civil rights, including equal protection under the law and due process. The debates and legislative processes that led to the adoption of the 14th Amendment reflect a broader struggle over the meaning of citizenship and the role of the federal government in ensuring civil rights.