It sadly took far too long for the Second Reconstruction of the 1960s to implement that commitment, but when it did, it was a fulfillment of the original vision of the 1860s. Together they made a broader definition of equality part of the constitutional order, and they gave the national government an effective basis for challenging racial inequalities within the states. The original Constitution, by contrast, involved a set of political commitments that recognized the legal status of slavery within the states and made the federal government partially responsible for upholding “the peculiar institution.” As my late colleague Don Fehrenbacher argued, the Constitution was deeply implicated in establishing “a slaveholders’ republic” that protected slavery in complex ways down to 1861.īut the Reconstruction amendments of 1865-1870 marked a second constitutional founding that rested on other premises. The Declaration, in its remarkable concision, gives us self-evident truths that form the premises of the right to revolution and the capacity to create new governments resting on popular consent. I view the Declaration as a point of departure and a promise, and the Constitution as a set of commitments that had lasting consequences-some troubling, others transformative. Here, Rakove reflects on this history and how now, in a time of heightened scrutiny of the country’s founders and the legacy of slavery and racial injustices they perpetuated, Americans can better understand the limitations and failings of their past governments: Next month, Oxford University Press will publish his new book, Beyond Belief, Beyond Conscience: The Radical Significance of the Free Exercise of Religion. His book, Original Meanings: Politics and Ideas in the Making of the Constitution (Knopf, 1996), won the Pulitzer Prize in History. Rakove is professor of history and American studies and professor of political science, emeritus, in the School of Humanities and Sciences at Stanford University. It was only in the decades after the American Revolutionary War that the phrase acquired its compelling reputation as a statement of individual equality. Because they possessed this fundamental right, Rakove says, they could establish new governments within each of the states and collectively assume their “separate and equal station” with other nations. Rather, what the Continental Congress declared on Jwas that American colonists, as a people, had the same rights to self-government as other nations. When Thomas Jefferson penned “all men are created equal,” in the preamble to the Declaration of Independence, he did not mean individual equality, says historian Jack Rakove.
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