Question
American Constitutional Law
Midterm Exam
Answer the following question in a 1250-1750 word essay (typed, double-spaced, 10 or 12 point
font, one-inch margins). Your essay must be based on all the assigned readings and
must be documented with Turabian style footnotes and bibliography. I expect your
essay to show your mastery of all the assigned readings this semester.
What are the key themes in American Constitutional development from the foundation of
the Republic through the Civil War and Reconstruction?
Book title: Ratification
Author: Pauline Majer
Book title:The American Supreme Court, SixthEdition
Author: Robert G. McCloskey
Answer this question
Solution
American Constitutional Law
As reflected by three landmark constitutional amendments during the Civil War and Reconstruction, the key themes in American Constitutional development from the foundation of the US to this period were slavery, secession and nullification, military law and civilians, and racial equality. The Thirteenth Amendment ended slavery in the US, while the Fourteenth Amendment states that all people born in the US are American citizens and should be equally protected under the law. The Fifteenth Amendment prohibits the states from denying voting rights to anyone based on color, race, or previous condition of servitude. These amendments are a reflection of how the Civil War changed the Institution even though they did not influence all the changes. However, the war developed the US Constitution in many ways.
A first, slavery is the first evident theme. There was the issue of whether slavery should be abolished or not[1]. Like all the other amendments during the Civil War and Reconstruction, the Thirteenth Amendment was developed only because the war eliminated the stranglehold over constitutional developments and politics concerning slavery. Slavery was protected in every turn in the Constitution of 1787. The Framers avoided explicitly addressing slavery because any efforts towards that direction would have jeopardized the deal needed to get nine or more colonies out of the thirteen colonies on board[2]. Even though they did not use the term “slavery” in the draft, all individuals present at the Constitutional convection were aware of how the developed form of government protected slavery. Rather than the delegates, some Northerners and the Connecticut delegation requested the word to be excluded from the document because they feared that their constituents could not ratify the draft. It is challenging to address slavery through an amendment because it only needs 13 states to block one. Considering the political poser held by the slave states, it means that the protection of slavery has always been forced on the nation. The South was politically stronger from 1788 to 1861, where slave owners held the presidency for a larger part of this period[3]. The end of slavery started when slaves began running away and the Army freeing them. However, the Emancipation Proclamation was the key moment in the demise of slavery and the first significant executive order in the US. To save the Union and abolish slavery, Lincoln developed new power for his office, which lifted the oppression caused by servitude and gave slaves an opportunity to free life in the US……………for help with this assignment contact us via email Address: consulttutor10@gmail.com
[1] McCloskey, Robert G., and Sanford Levinson. The American supreme court. University of Chicago Press, 2016, p. 84
[2] Maier, Pauline. Ratification: the people debate the Constitution, 1787-1788. Simon and Schuster, 2010, p. 36.
[3] McCloskey, Robert G., and Sanford Levinson. The American supreme court. University of Chicago Press, 2016, p. 64.