In contemporary constitutional politics, Section 1 of the Fourteenth Amendment-which includes the citizenship, privileges and immunities, due process, and equal protection clauses-is the star of the show. But this was not the focus for the Republican members of the Thirty-Ninth Congress. Their interest was instead in Sections 2, 3, and 4. Today we tend to think the purpose of the Fourteenth Amendment was to protect persons of color. But the Republicans engaged in Reconstruction saw its purpose as preventing "rebel rule" by punishing treason and rewarding loyalty, particularly the loyalty of...
In contemporary constitutional politics, Section 1 of the Fourteenth Amendment-which includes the citizenship, privileges and immunities, due process,...