States' Rights v Federal Power From the Nation's Founding to Civil War, Jim Crow, and Civil Rights Movement
Civil Rights

States’ Rights v Federal Power From the Nation’s Founding to Civil War, Jim Crow, and Civil Rights Movement

The Constitution was drafted to correct the many weaknesses of the Articles of Confederation. Congressmen now swear allegiance to the United States rather than to their native states, as was done under the Articles. The Constitution grants the Federal government not only the power to levy taxes, but also to collect them, as well as sole control over trade and commerce. The Constitution establishes a Federal court system that can override state court decisions if there is a conflict. The US Congress, unlike the Confederation Congress, can pass routine legislation with a simple majority vote. […]

14th Amendment National Debt Insurrection SMALL
Civil War and Reconstruction

Unenforced Sections of the 14th Reconstruction Amendment: Public Debt and Insurrection

Is this Republican blackmail constitutional? Most scholars and the Justice Department do not think so, although there are some conservative scholars who disagree. And there is no Supreme Court precedent for this question. President Biden has publicly stated that the Fourteenth Amendment question is on the table. […]

General Longstreet and Reconstruction
Civil Rights

Terror During Reconstruction, White League Confronts General Longstreet and Union Army

We will tell the stories of General Longstreet and the Union Major Merrill. General James Longstreet, a former Confederate general who had become a pariah in the South when he changed his party affiliation to Lincoln’s Republican Party, tried to prevent the insurrection in New Orleans. For his second posting during Reconstruction, Major Merrill attempted to reverse the insurrection of parishes on the outskirts of New Orleans. […]

Civil Rights

Chaos of Reconstruction, Terror After the Civil War

Major Merrill says that he knew that the “Ku Klux Klan is much greater in numbers than is commonly supposed, and that a large number of the most respectable people in the county are more or less intimately connected with it. The debauched sentiment of the old slave-holding communities sees no great offense in whipping a negro for being a radical. The old sentiment is rife, where differences of opinion are settled by killing the man who dares to disagree with them.” […]

Civil Rights

Post-Civil War Reconstruction and Redemption History, Yale Lecture Notes

Southerners were stubborn, Southerners were intransigent, Southerners could never accept St Paul’s declaration that “There is neither Jew nor Greek, there is neither slave nor free, there is neither male nor female; for you are all one in Christ Jesus.” It was anathema, unthinkable, incomprehensible that Southerners, and many Northerners, would ever regard negroes as equal to free white men, in their eyes negroes were inferior, they would always be subservient. General Sherman may have burned Atlanta and destroyed livestock, crops, and railroads in his mark to the sea; General Grant may have continually fought and flanked Robert E Lee until he was cornered and cut off from supplies at Appomattox; these two Union generals may have momentarily exhausted the ability of the Southern generals to continue the war; but the true Civil War to change racial attitudes is a war that is being fought to this very day.

The South may have lost the Civil War, but it won the peace. The history of Reconstruction is in three phases. In Presidential Reconstruction lenient terms entice the Southern states back into the Union, but the South overreaches, enacting black codes so harsh that they effectively re-enslave the free blacks to their former masters, denying blacks any rights as citizens. Radical Reconstruction is enacted when many in the North to be outraged by the attitudes of their Confederates, the Radical Republicans gain a veto-proof majority in both houses of Congress, the South is placed under military rule, and new elections are held and policies that benefit free blacks are enforced. But there is mass resistance, the Ku Klux Klan and similar white supremacy bands spring up, terrorizing the South in their night rides and burning crosses, lynchings become commonplace. The Panic of 1873 causes a deep recession, Northern public opinion tires of the endless struggle against the old Confederacy, leading to the final phase, Redemption. Federal troops are withdrawn from the South and the Southerners are free to rule as they see fit, Jim Crow laws are passed denying blacks their civil liberties and their ability to live a normal life with a decent paying job. The KKK and other night riders step up their lynchings to intimidate blacks, in some cases violently overthrowing legitimately elected local governments. […]