The Guarantee Clause of the U.S. Constitution

By William M. Wiecek | Go to book overview

6
Reconstruction: Crescendo, 1861-1867

The attack on Fort Sumter constituted a watershed; after 1861 the constitutional context in which the guarantee clause developed was profoundly altered. There was a gross similarity between the functions outlined for the clause by its libertarian exponents both before and after Sumter: it was to be the vehicle for expansion of federal power at the states' expense, it was to be used to strike down slavery, it was to be an assurance of certain basic civil and political rights for freed blacks. After Sumter, though, the liquidation of slavery and the status of the ex- slaves were only two elements of a larger problem, that of Reconstruction. In working out a policy of Reconstruction, the scope and character of the clause were expanded greatly. It was seen as more than a means of abolishing slavery and insuring fundamental liberties; it became a means of re-creating the Union.

The development of the guarantee clause during Reconstruction ( 1861-1877) went through two phases. In the first, referred to here as "crescendo," the clause was urged by Republican exponents of a thoroughgoing policy of war and reconstruction to authorize their evolving programs.

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The Guarantee Clause of the U.S. Constitution
Table of contents

Table of contents

  • Title Page iii
  • Acknowledgments vii
  • Contents ix
  • Abbreviations xi
  • Introduction 1
  • Part I - Beginnings 9
  • I - Origins 11
  • 2 - Drafting And Ratification 51
  • 3 - Domestic Violence 78
  • 4 - Luther V. Borden (1849) 111
  • Part II - Fruition 131
  • 5- Slavery in The American Republic 133
  • 6 - Reconstruction: Crescendo, 1861-1867 166
  • 7 - Reconstruction: Diminuendo, 1867-1877 210
  • Part III - Desuetude 245
  • 8 - The Progressive Era 247
  • 9- Baker V. Carr (1962) 270
  • Epilogue 290
  • Suggested Secondary Readings 305
  • Index 315
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