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Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (Constitutional Thinking) Hardcover – July 28, 2023

by Mark A. Graber (Author)
5.0 5.0 out of 5 stars 1 rating
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In contemporary constitutional politics, Section 1 of the Fourteenth Amendment—which includes the citizenship, privileges and immunities, due process, and equal protection clauses—is the star of the show. But this was not the focus for the Republican members of the Thirty-Ninth Congress. Their interest was instead in Sections 2, 3, and 4. Today we tend to think the purpose of the Fourteenth Amendment was to protect persons of color. But the Republicans engaged in Reconstruction saw its purpose as preventing “rebel rule” by punishing treason and rewarding loyalty, particularly the loyalty of white men who remained faithful to the Union during the Civil War.

In this first of three planned volumes for the University Press of Kansas’s Constitutional Thinking series, Mark A. Graber aims to restore to contemporary memory the Fourteenth Amendment drafted by those Republican and Unionist members of Congress who supported congressional reconstruction.

In Punish Treason, Reward Loyalty, Graber breaks new ground researching Reconstruction, the Fourteenth Amendment, and constitutionalism by highlighting the importance of Sections 2, 3, and 4 to the representatives in the Thirty-Ninth Congress and their relative indifference to Section 1. His work underscores the importance and impact that legislative primacy and partisan supremacy had to Republican constitutional thinking about constitutional authority immediately after the Civil War.

Centered on Reconstruction and constitutional reform, Graber shows anew the Republican effort to prevent rebel rule by empowering and protecting loyalty.

Previous page
  1. Print length
    416 pages
  2. Language
    English
  3. Publisher
    University Press of Kansas
  4. Publication date
    July 28, 2023
  5. Dimensions
    6.25 x 1.25 x 9 inches
  6. ISBN-10
    0700635033
  7. ISBN-13
    978-0700635030
  8. See all details
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From the Publisher

In this first of three books, Graber aims to restore the Fourteenth Amendment to contemporary memory
This book was cited in the Colorado Supreme Court's 2023 presidential primary ballot ruling.
Testimonial from legal scholar Mark Tushnet

Editorial Reviews

Review

“In meticulous detail Mark Graber shows how in the run-up to the adoption of the Fourteenth Amendment congressional Republicans shaped the provisions eventually written into that provision with an eye to ensuring control of the government by Unionists, which is to say Republicans. He reorients our understanding of the Fourteenth Amendment away from the rights it undoubtedly guarantees to the political effects its framers sought to achieve, among which were Unionist control of state governments so that rights could be protected. Though today we do not pay much attention to the sections of the Fourteenth Amendment its framers cared most about, Graber’s arguments tell us a great deal about how we should understand what constitutions actually do.”—Mark Tushnet, William Nelson Cromwell Professor of Law, emeritus, Harvard Law School, and author of The Constitution of the United States of America: A Contextual Analysis

"Mark Graber has opened our eyes not only to a lost history of the Fourteenth Amendment, but also to its Framers’ central purpose. They sought to create the conditions for a democratic politics that would protect and empower people, both Black and white, who had remained loyal to the Union during the Civil War. This brilliant book, part of a projected multi-volume series, teaches that the way we shape our political institutions is every bit as important as abstract guarantees of constitutional rights."—Jack M. Balkin, Knight Professor of Constitutional Law and the First Amendment, Yale Law School

About the Author

Mark A. Graber is Regents Professor at the University of Maryland Carey School of Law and author of A New Introduction to American Constitutionalism, Dred Scott and the Problem of Constitutional Evil, and Rethinking Abortion, among other books.

Product details

  • Publisher ‏ : ‎ University Press of Kansas (July 28, 2023)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 416 pages
  • ISBN-10 ‏ : ‎ 0700635033
  • ISBN-13 ‏ : ‎ 978-0700635030
  • Item Weight ‏ : ‎ 9.6 ounces
  • Dimensions ‏ : ‎ 6.25 x 1.25 x 9 inches
  • Customer Reviews:
    5.0 5.0 out of 5 stars 1 rating

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Mark A. Graber

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Top review from the United States

Alexander Tsesis
5.0 out of 5 stars Exceptional history
Reviewed in the United States on February 29, 2024
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Punish Treason, Reward Loyalty is a remarkably rich book full of historical detail, constitutional analysis, and informative gems about some of the principal players in discussions that led to the ratification of the Thirteenth and Fourteenth Amendments. Graber has done a remarkable job of decoding some of the most important debates in Congress on Reconstruction, organizing them clearly, and explaining their relevance today in light of past purposes. This book brings to life many of the public arguments and discussions presented in the country’s Second Reconstruction.

Not only is it a must read for anyone interested in the history of the period, but those who want to better understand contemporary interpretations of the Thirteenth and Fourteenth Amendments will also find it of great benefit to study the ideas that catalyzed constitutional thought in the aftermath of the Civil War.
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