LAWS7861 · Law

Reimagining the Reconstruction Constitution

Boston College Law School

This weekly, two-credit seminar introduces students to the history, theory, and contemporary application of the Reconstruction Constitutionthe Thirteenth, Fourteenth, and Fifteenth Amendments. These Amendments abolished slavery, established birthright citizenship, nationalized a set of fundamental rights, and expanded the right to vote. What these Amendments mean for us today, however, remains an open and intensely debated question. Does the Thirteenth Amendment only abolish chattel slavery, or does it do more? What exactly does the Fourteenth Amendments Equal Protection Clause require of us? And what does our right to vote actually entail? In this course, we will study the meaning of the Reconstruction Constitution and critically reflect on its implications for contemporary legal practice. To do so, we will examine the original historical documents of the public debates surrounding the framing, passage, and ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments. Special focus will be given to the constitutional legacies of the abolitionist, womens rights, and long civil rights movements, as well as the constitutional theories that shape the way we understand our Reconstruction Constitution today.