The Second Founding - Eric Foner Flashcards

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Questions and Answers

What did the 13th Amendment do?

Abolished slavery and involuntary servitude, except as punishment for crime.

What did the 14th Amendment do?

Stated all persons born or naturalized in the US are citizens of the US.

What did the 15th Amendment do?

Gave black men the right to vote.

How do the 13th, 14th, and 15th Amendments differ from the original amendments in the Bill of Rights?

The Bill of Rights only included rights for white men and limited the power of the government, while these new amendments restated the terms of who has rights and stated that the government could not deprive certain rights from citizens. Signup and view all the answers

According to Foner, why did the addition of these amendments to the Constitution after the Civil War constitute a 'second founding'?

The new amendments made such a large impact that calling it a simple alteration would be a poor representation of its gravity; they were much more than just a change to the Constitution. Signup and view all the answers

According to Foner, what 'political lessons' resulted from the Dunning School's interpretation of Reconstruction and how did this affect court decisions related to the Reconstruction Amendments?

This made court officials less likely to agree to make decisions based on Reconstruction Amendments. Signup and view all the answers

What was the Dunning School?

A school of thought that justified taking away black men's right to vote because they had abused it during Reconstruction. Signup and view all the answers

According to Foner, what was the citizenship status of African Americans (whether enslaved or free) before the Civil War?

They were not citizens before the Civil War whether they were free or not. Signup and view all the answers

When did the 'Second Founding' begin?

It began with the passage of the 13th Amendment during the Civil War. Signup and view all the answers

According to Foner, what ways could slavery be abolished?

Individual manumission, emancipation by legal means, and military emancipation. Signup and view all the answers

What is manumission?

The act of a slaveowner releasing slaves from slavery. Signup and view all the answers

What is legal emancipation?

Freeing of slaves with a law or other legal means. Signup and view all the answers

What is military emancipation?

Using military force or action to free slaves. Signup and view all the answers

According to Foner, why was a Constitutional Amendment necessary to end slavery?

Acts such as the Emancipation Proclamation could be reversed or removed by new presidents or forms of government, so an amendment was necessary for a long-term solution. Signup and view all the answers

What was the role of the Civil Rights Act of 1866 in paving the way for the 14th Amendment?

The Civil Rights Act severed citizenship from race, creating birthright citizenship, which would help end the debate regarding citizenship in the 14th Amendment. Signup and view all the answers

How did the Fourteenth Amendment change the definition of citizenship?

Anyone born in the country would be a citizen, and all citizens were equal and protected by the national government. Signup and view all the answers

How did the Fourteenth Amendment introduce gender into the Constitution?

The Fourteenth Amendment included women in the realm of citizenship, and this led to women considering fighting for their own rights. Signup and view all the answers

According to Foner, what was the major problem that the 15th Amendment attempted to solve?

It attempted to solve the problem of who should have the right to vote, not just focusing on blacks but all races and citizens. Signup and view all the answers

Before the passage of the Fifteenth Amendment, what level of government decided who was qualified to vote?

The state governments. Signup and view all the answers

According to Foner, how did southern states weaken the enforcement of the 15th Amendment after its ratification?

They responded with violence and crusades; the KKK is an example. Signup and view all the answers

According to Foner, have black Americans ever enjoyed all of the 'promise' of the Fourteenth Amendment?

No, he thinks it has yet to be fulfilled because of the years of discrimination black people faced after. Signup and view all the answers

According to Foner, how has the Equal Protection Clause of the Fourteenth Amendment been used in the long-term?

It has allowed for courts to not discriminate based on gender, schools to not discriminate against students, and allowed gay marriage. Signup and view all the answers

Study Notes

The Second Founding: Amendments Overview

The 13th Amendment abolished slavery and involuntary servitude, except as punishment for crime.
The 14th Amendment grants citizenship to all persons born or naturalized in the U.S.
The 15th Amendment secured voting rights for black men.

Differences from Original Amendments

Original Bill of Rights primarily benefited white men and limited government power.
The 13th, 14th, and 15th Amendments expanded rights to include formerly enslaved people and assert government responsibility in protecting these rights.

Concept of "Second Founding"

Refers to the significant impact of the post-Civil War amendments, marking a profound transformation of the Constitution rather than a mere alteration.

Dunning School Influence

The Dunning School justified disenfranchising black voters by depicting their voting as irresponsible during Reconstruction.
This perspective influenced court decisions, making officials hesitant to apply Reconstruction Amendments.

Pre-Civil War Citizenship Status

African Americans, both enslaved and free, were not recognized as citizens prior to the Civil War.

Beginning of the "Second Founding"

Initiated with the passage of the 13th Amendment during the Civil War.

Methods of Abolishing Slavery

Slavery could be ended through individual manumission, legal emancipation, or military emancipation.

Definitions

Manumission: A slaveowner's formal release of slaves.
Legal Emancipation: The process of freeing slaves via laws or legal actions.
Military Emancipation: Using military force to liberate slaves.

Necessity of a Constitutional Amendment

Constitutional amendments were essential to ensure the permanence of changes like emancipation, as executive actions could be overturned by future administrations.

Civil Rights Act of 1866 and the 14th Amendment

The Civil Rights Act detached citizenship from race, establishing the principle of birthright citizenship to clarify citizenship issues in the 14th Amendment.

Redefinition of Citizenship by the 14th Amendment

Established that anyone born in the U.S. is a citizen, ensuring equality and protection under the national government.

Gender Inclusion in the 14th Amendment

The amendment broadened the scope of citizenship to include women, catalyzing the women’s rights movement.

Voting Rights Challenges Addressed by the 15th Amendment

The amendment addressed the broader issue of who qualifies to vote, not just limited to race.

Voting Qualifications Pre-15th Amendment

Voting eligibility was determined by state governments before the amendment’s passage.

Southern States' Evasion of the 15th Amendment

Southern states circumvented the 15th Amendment's enforcement through violence and intimidation, exemplified by groups like the KKK.

Fulfillment of the 14th Amendment Promise

Foner argues that black Americans have never fully realized the promises of the 14th Amendment due to persistent discrimination.

Long-Term Impact of the Equal Protection Clause

The 14th Amendment's Equal Protection Clause has been pivotal in advancing rights across various demographics, prohibiting gender discrimination, promoting equitable treatment in education, and facilitating same-sex marriage.

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Description

This quiz features key concepts from Eric Foner's 'The Second Founding.' Focused on the 13th, 14th, and 15th amendments, the flashcards help reinforce understanding of significant constitutional changes. Perfect for those studying American history and civil rights.