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The Second Founding: How the Civil War and Reconstruction Remade the Constitution Hardcover – September 17, 2019
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From the Pulitzer Prize–winning scholar, a timely history of the constitutional changes that built equality into the nation’s foundation and how those guarantees have been shaken over time.
The Declaration of Independence announced equality as an American ideal, but it took the Civil War and the subsequent adoption of three constitutional amendments to establish that ideal as American law. The Reconstruction amendments abolished slavery, guaranteed all persons due process and equal protection of the law, and equipped black men with the right to vote. They established the principle of birthright citizenship and guaranteed the privileges and immunities of all citizens. The federal government, not the states, was charged with enforcement, reversing the priority of the original Constitution and the Bill of Rights. In grafting the principle of equality onto the Constitution, these revolutionary changes marked the second founding of the United States.
Eric Foner’s compact, insightful history traces the arc of these pivotal amendments from their dramatic origins in pre–Civil War mass meetings of African-American “colored citizens” and in Republican party politics to their virtual nullification in the late nineteenth century. A series of momentous decisions by the Supreme Court narrowed the rights guaranteed in the amendments, while the states actively undermined them. The Jim Crow system was the result. Again today there are serious political challenges to birthright citizenship, voting rights, due process, and equal protection of the law. Like all great works of history, this one informs our understanding of the present as well as the past: knowledge and vigilance are always necessary to secure our basic rights.
- Print length256 pages
- LanguageEnglish
- PublisherW. W. Norton & Company
- Publication dateSeptember 17, 2019
- Dimensions6.5 x 1 x 9.6 inches
- ISBN-100393652572
- ISBN-13978-0393652574
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― Henry Louis Gates Jr., New York Times
"Eric Foner has done it again: his concise, superbly researched, beautifully written history of the Civil War amendments chronicles a revolution in law and moral sensibility."
― David W. Blight, Yale University, author of the Pulitzer prize–winning Frederick Douglass: Prophet of Freedom
"How are voter suppression, mass incarceration, and jeopardy to the American-born children of undocumented immigrants possible in the land of the free? Eric Foner brings his masterful knowledge of Reconstruction to illuminate the transformative constitutional amendments following the Civil War, and powerfully conveys the ongoing struggles over their meaning."
― Martha Minow, 300th Anniversary University Professor, Harvard University, author of In Brown’s Wake: Legacies of America’s Educational Landmark
About the Author
Product details
- Publisher : W. W. Norton & Company (September 17, 2019)
- Language : English
- Hardcover : 256 pages
- ISBN-10 : 0393652572
- ISBN-13 : 978-0393652574
- Item Weight : 1.16 pounds
- Dimensions : 6.5 x 1 x 9.6 inches
- Best Sellers Rank: #397,712 in Books (See Top 100 in Books)
- #138 in U.S.Congresses, Senates & Legislative
- #275 in Constitutions (Books)
- #1,376 in U.S. Civil War History
- Customer Reviews:
About the author

Eric Foner is DeWitt Clinton Professor of History at Columbia University, where he earned his B.A. and Ph.D. In his teaching and scholarship, Foner focuses on the Civil War and Reconstruction, slavery, and nineteenth-century America. His "Reconstruction: America’s Unfinished Revolution, 1863–1877," won the Bancroft, Parkman, and Los Angeles Times Book prizes and remains the standard history of the period. In 2006 Foner received the Presidential Award for Outstanding Teaching at Columbia University. He has served as president of the Organization of American Historians, the American Historical Association, and the Society of American Historians. He is currently writing a book on Lincoln and slavery.
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Customers find the book fascinating, enlightening, and important. They also say it's written by a wonderful historian and one of the greatest students of that era. Readers also say the book acts as a good inoculant against conservative rhetoric that hasn't changed in at least 156 years.
"...book is the remedy for that gap in public knowledge, and is invaluable for understanding not only the Reconstruction era but also the subsequent..." Read more
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In other words, the Constitution was far from perfect (luckily, it allowed for its own modification). And that’s why many historians consider the “second founding” during the Reconstruction era to be of equal or greater significance than the founding itself. The Reconstruction era that followed the Civil War saw the passage of three amendments that would forever transform politics in the US, both in terms of civil rights and in the balance of power between the federal government and the states.
In “The Second Founding,” historian and Reconstruction expert Eric Foner tells the story of how these three amendments—the thirteenth, fourteenth, and fifteenth—together represent the foundation for the continuing struggle for universal rights. The abolition of slavery, birthright citizenship, equal protection under the laws, universal suffrage, and the Incorporation Doctrine (which forces the states to honor the Bill of Rights) are all the direct or indirect result of these three crucial amendments. And yet the “second founding” remains less well-known among the public than the first.
This book is the remedy for that gap in public knowledge, and is invaluable for understanding not only the Reconstruction era but also the subsequent civil rights movements and the modern conservative attack on equality. Foner shows, for example, how talk of “state rights” has almost always been a cover for blatant discrimination. “State rights” has variously meant the right to enslave, the right to deny the vote to blacks and women, the right to violate the Bill of Rights, and the right to discriminate based on race and gender. As Foner wrote, “Before the war, for example, southern states adopted laws making criticism of slavery a crime without violating the First Amendment since these were state laws and not acts of Congress.” The real danger, in terms of rights violations, has always been greater within the individual states.
This book can also act as a good inoculant against conservative rhetoric that hasn’t changed in at least 156 years. The reader will be amused to find the same state’s rights and reverse discrimination arguments throughout the book. Andrew Johnson, for example, in his opposition to the fourteenth amendment, said, “The distinction of race and color is by the bill made to operate in favor of the colored against the white race.” As Foner wrote, “In the idea that expanding the rights of nonwhites somehow punishes the white majority, the ghost of Andrew Johnson still haunts our discussions of race.”
The underlying message of the book seems to be that any rights granted by the Constitution are worthless if not enforced. Constitutional rights can be ignored, distorted, or narrowly interpreted to deprive certain groups of equal protection and treatment under the law. But if we can’t even recognize when this is happening—and we don’t properly understand what the second founding was trying to accomplish—then we are all powerless to prevent a regression to discriminatory politics under the guise of “state’s rights,” “originalism,” and all the rest.



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