The Second Founding: How the Civil War and Reconstruction Remade the Constitution

Significant progress has been made in achieving the Reconstruction agenda, but substantial inequalities still exist. Fundamental principles of the second founding, such as birthright citizenship, equal protection under the law, and voting rights, continue to face challenges and spark debates. Despite progress, previous Supreme Court decisions that limited the scope of the 13th, 14th, and 15th Amendments based on a restrictive interpretation still influence current legal standards and have not been overturned.

Apart from early 20th-century cases that struck down state peonage laws, there is minimal judicial precedent interpreting the 13th Amendment. It is seen as a “dead letter” that achieved its purpose with abolition, and its power has rarely been used since. The 15th Amendment also plays a limited role in contemporary law but was crucial in legitimizing the Voting Rights Act of 1965. This act significantly restored voting rights to many Black Southerners, but the right to vote continues to be a highly contested issue. A recent decision regarding the 15th Amendment came in 2013 with the Shelby County, Alabama, case. The Supreme Court invalidated the Voting Rights Act’s preclearance requirement, arguing it was an overreach of federal power and outdated in treating states with histories of discrimination as if they would repeat their past actions.