Our Secret Constitution: How Lincoln Redefined American Democracy

By George P. Fletcher | Go to book overview

INDEX
Abolition nationhood and, 62 religion and, 16, 50–51, 101–2, 103–4
Abstract justice, Slaughterhouse case and, 120–22, 130
Ackerman, Bruce, 10, 94, 97, 109, 196
Adams, John, 65, 232
Adams, John Quincy, 235
Affirmative action arguments for/against, 179–81 Supreme Court's concept of, 181–87
African Americans. See also Slavery; Slaves disenfranchised by criminal convictions, 148, 243 equality of, 105, 110 nationhood and, 62–63 police power and, 142–43 voting rights and, 86–87, 139, 192–93
'All men are created equal.' children born out of wedlock and, 177–78 free markets and, 171–76 home for mentally retarded case and, 184 homosexuality case and, 179 teacher lay-offs case and, 183–84 university admissions case and, 181–82
Amar, Akhil, 11, 109, 214
Amendments, to U.S. Constitution, 7, 54–55, 190–91 10th, 117–18, 250 12th, 231–33 13th, 85, 191 discrimination and, 132, 133 18th amendment and, 193 equality and, 26 involuntary servitude, 26, 106 labor and, 110 new government role and, 214–17 second constitution and, 4, 24–27 speculation about, 222 victims and, 197 14th, 97, 99. See also Equal protection clause affirmative action, 179 alternate readings of, 107–9 benign discrimination, 180–86 citizenship and, 124, 125 equality and, 57–58, 104 Johnson opposes, 116 labor and, 110 original intent of, 31 provisions of, 24–25, 85, 86, 148–50, 191–92 ratification of, 5, 6, 114 second constitution and, 4, 24–27, 210 Supreme Court and, 7 voting rights of felons and, 148–51, 162 15th, 54, 63, 195 equality and, 26 language and, 139 second constitution and, 4, 24–27 states and, 145–47 weakness of, 192–93 16th, 193, 216–17 17th, 193, 233 18th, 193–94 19th, 176, 195 20th, 196 21st, 195 22nd, 196 23rd, 195 24th, 195

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Our Secret Constitution: How Lincoln Redefined American Democracy
Table of contents

Table of contents

  • Title Page *
  • Contents *
  • Preface ix
  • Introduction - The Argument for the Secret Constitution 1
  • Chapter 1 - Redemption Under Law 15
  • Chapter 2 - Radical Gettysburg 35
  • Chapter 3 - Nationhood 57
  • Chapter 4 - Loyalty and Betrayal 75
  • Chapter 5 - Equality 91
  • Chapter 6 - The Revolution That Never Was 113
  • Chapter 7 - Equality Without Vision 141
  • Chapter 8 - A Maxim of Justice: Its Birth and Rebirth 165
  • Chapter 9 - The Secret Constitution Resurgent 189
  • Chapter 10 - Government as Partner Against the Past 211
  • Chapter 11 - Neither Blue nor Gray 225
  • Afterword - Election Blues 2000 231
  • Notes 261
  • Index 285
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