And at the base of capitol hill, speakers included in the world designer frank perry, former secretary of state, senator pat roberts and president eisenhowers grandchildren david in susan eisenhower. Exploring the american story. Watch it on cspan 3. This year marks the 150th anniversary of the ramification of the 14th amendment to the u. S. Constitution. Up next on American History tv, climbs in University History professor oval vernon why was essential to ratify after the abolition of slavery. This is hosted by the u. S. Capital Historical Society is 45 minutes. Now with great pleasure, i get to introduce our first speaker oval Vernon Burton, who holds the judge math jay perry distinguished chair. In history panafrican studies sociology anthropology and computer science. If you think its weird but i do baseball, vernon does it all. Hes actual one man university. At Clemson University in South Carolina. Hes also the director of the clients Cyber Institute in addition to that, he received the demons award in research from the college of architecture art in humanities. Dont do Natural Science as well . Where is the chemistry and biology here . Vernon has written at least 25 books were edited them, is published 200 scholarly articles. Hes a distinguished scholar on vernon. We compete as who could where the best lincoln tie at conferences. Ive got mine at the u. S. Capital Historical Society, we have Great Lincoln ties. In any event, i give you Vernon Burton who will tell you about the importance of the 14th amendment. Well i appreciate you lowering expectations. So is a hard act to follow puffing coleman im trying to get my time around of course that cant. I thought the American South with 34 years at the university of illinois and then i wrote a book the age of lincoln. Then i moved home to South Carolina where had grown up is in the land of lincoln for those 34 years and discover the people in the South Carolina no longer cared for lincoln. Thats even though i argued that he was the greatest president , especially a significant for me that he was a southerner. The Culture Workers had wrecked havoc on our historical memory, Democracy Education in our country. Lets various corners in the prize fight of combat, we need to recognize our general interpretation of historical events might differ. As Stephen Colbert when he did to kobe report island the late show with Stephen Colbert, he said that rewriting history is a good thing because we could make it better. He recommended that cincinnati for an american had been elected president in 2008, we can say that slavery never existed. Although down in humor, theyre indications and the court of white popular opinion as well as some justice in the Supreme Court to have the responsibility of understand the 14th amendment, this is whats happening. That interesting interpretation makes history relevant. Its a story of one mans way of changing his interpretation of events, the storage occurred during reconstruction before the 14th amendment, was the story i heard as a boy growing up in 96 South Carolina. The story goes immediately after the war, each morning the squat of dignified militia commanded by a young white lieutenant marched into the town swear and raise the american flag. Directly across from the flagpole was a home of gary butler the third lost two sons in the war he watched as the flag rolls and yelled at the top of his lungs nevertheless is routine would continue unabated and he marched is to jail. They started thinking about sunday morning how a butler at always said in the third pew, when you could stand a longer called up the lieutenant, Union Officer butlers word of honor, that he could no longer embarrass the ritual. Paul in agreed, as the flag unfurled he let out with a heel is it us yankees sure won the war but the yankees beat us at chicago. Who is us and who is them changes the story. My that does not mean all interpretations are equal. Facts need to be real. Facts without evidence that are not historical. And what historians now called postmodern history, we could all agree that all interpretations are and constructive but it does matter what the narrative or interpretation is constructed of. We are reminded of the three little pigs story i read to my children and my grandchildren. It does make a definite difference if youre constructing your difference at a brick straw or sticks. The 14th amendment is arguably one of the most important amendments to the constitution. Definitely my favorite one. It was written install now in the 21st century it has a great influence in the way of american citizens live the lives, it cited more often in modern litigation than any other amendment. This is continual of the 14th amendment, theres still a lot to say about it. The 14th amendment has an extraordinarily wide range in its application and influence in the United States. I want to focus on when and why the 14th amendment was created. Spoiler alert it was to protect the rights of the newly freed enslaved people in the south. And to provide them citizenship rights. Congress created and the states ratified the 14th amendment during reconstruction to protect the group of people that were formally enslaved. Today i want to investigate the first part of the story. Theres a lot more to it but we dont have time my fear. After the civil war reconstruction with the 14th amendment greater revolution in the lives and possibilities of African Americans before passing the 14th him amendment chief Justice Roger tiny wrote that the decision the court ruled that African Americans were not citizens and had no rights. Hes the most reviled case in Supreme Court history. The case is universally condemned for inventing constitutional doctrine had of and not a suddenly for hastening the civil war. Above all the cases forever infamous for the hateful words that African Americans had no rights where the white man is bound to respect chief justice john use them for the unprecedented deed of fastening race discrimination squarely into the constitution right and never been this included clauses that joined a line between slaves and free people. Chief justice tawny join by this majority Supreme Court turn that line into the color line. And declared an explicit words the blessings of liberty promised by the constitution to offering people were somehow denied 12 those of african descent, even a free and even if born free free parents. What a heinous traditional crime. What did chief justice tani, what led him to feel 25 pages establishing that they are not citizens . Its that scott had the privilege of bringing a suit into federal court. The answer instead seems alliance earn articles, and certain rights that arent before the constitution that gives citizens that one state traveling another state. Specifically privileges and immunities. Where is we will hear later carried over from article four, and included in the 14th amendment. He openly expressed his fear that it free blacks were citizens, their rights would include the following as listen in 1857. When you think of these rights as we go through them. Today applied all citizens . The right to enter any other state on every day police saying earlier and Company Without pastor passport to go wherever they police, at any hour of day and night, for liberty of speech in public and private to hold public meetings, on political affairs, they keep and carry arms wherever they went . All these rights were denied to African Americans and slaves are free to justice tawny want to press that lack of freedom to all states and the majority went with tani. If that wouldve been real freedom when you burst of freedom is what lincoln called foreigners gettysburg address in 1863. I was like to show this you can see the total work took on lincoln from 1862 1865. Lincoln could see the American Government might have to become a protector of liberty. What was liberty after all . In 1864 lincoln told a group in baltimore, the world has never had a good definition of the word celebrity. The American People are now within one. Its all a simple story. The shepard drives the sheep from the wolves. Plane leadership in the world are not agreed upon a definition of the word liberty. Lincoln was thankfully that the wall stationary has been repudiated. Rally that pga shun is evidence of the story that is still being told in the 14th amendment and still at the forefront of that story. We are now march 4th 1865, linking alluded to citizenship issues in a second inaugural. Inaugural began suspiciously before set that lincoln had to design. Behind him the capitol dome was finished. In order for work to continue throughout the war. It spoke volumes about federal power. In the speech instead of cliches about piety, he wondered daringly a god and sent the work for punishment for americas transgression. Was one of the most profound speeches ever delivered by an american president. He sat coming to terms with the amputees visible everywhere around washington. The large numbers of former slaves, now crowding the capital many without homes or jobs. The sharpshooters lining the rooftops to protect the exposed from the angering simmering from the southern city. Not the end lincoln urged americans to care for him hush who were born to battle and for his orphan. And his widow. That seems docile to us today. It actually begins the nation thinking about the 14th amendment. Lincoln would seek benefit for the windows of black soldiers, a courageous act because it recognized slave marriages as legal and implied that African Americans were entitled to full citizenship. I hope that the 14th amendment would soon try to fulfill. Although slavery was gone, he knew slaves and ship was necessary to protect once freedom. He was killed for that idea. Lincoln delivered a speech from the white house balcony to the gathering cloud crowd. Spoke he announced he expected to let some African Americans vote, then john wilcox booth red is darkest fears. It raised him in precipitating a final act. My god ill put him through that is the last speech he will ever make. And it was. Lincoln believe that the emancipation proclamation with the central act i believe it was not the emancipation proclamation but lincolns belief in liberty. If you can take an idea when ideal type apology and put freedom over year put an freedom over there with the emancipation was and did, you could get an idea of what is in terms of our democracy. I do think it is lincolns legacy that is in the constitution that is most important. Lincoln is devoted to the declaration of independence which is our countrys mission statement. Well you saw alive, he knew the country needed more than a president ial proclamation of freedom, a constitutional memo was not served by slavery. With the wars and insight, Congress Introduced the 13th amendment. The 13th amendment was approved by the senate, sent to the house of representatives where republicans and democrats are fundamentally split. Democrats knew slavery was done but emancipation the Democratic Party was solid again said except for a handful of democrats interpreter passing 119 to 56 they ratified with ratification, the Southern State fully expected to rejoin the union, invite to do so by the new president andrew johnson. What the new president a democrat, those describe to the democrats view this is a white mans country said no conditions of the rebel states return to the union in congress. He opposes all efforts to integrate newly freed slaves in american life. A return them to their right to vote. He pushed to restore Southern States swiftly to the union giving southern governments free reign on race relations. He claimed to be protecting america from radical republicans, radical because they called for equality and theyre African American allies. Southern state promises shows their leaders to feel most of the seats they were regaining. And those men arrived in washington d. C. However the republican down dominated and rejected some call ethernet congress to run congress because about 80 confederate state representatives are not allowed. I found a real paradox congress had to expel the former Confederate States in place them into a form of military occupation. We are as a powerful engine, African Americans began finally living their lives so new freedom getting married searching for members of our family have been sold. It only liberated them from the ownership of a master, eliminated at the same time the latters motive first self interested benevolence which slate people trying to use their benefit. Whatever meaning the 13 amendment added 1865, the white south reaction to the end of slavery change dynamics. Southern states still controlled by the antebellum confederate known as black coats. The system gave them moderate corporate chastising meaning whipping. Three people cannot pass without a pass, both states became nearly impossible, hard to seek effectively will address against whites. Last were not able to possess National Firearms to buyer so alcohol or preach the gospel without a license. Margaritas of the substitution of friedman for slaves. The codeclared free people of color up to never strike white people are presumed to think of themselves equal to the white. The system would bind blacks to land, impoverished an educated and an organized in perpetuity. The loss of freedoms from whites also. White people might think differently would kept in line to make a crime to associate with any black person, on terms of equality. As a southern white reaction towards the fried flavor, that steadily and rapidly not unanimously propelled the nation toward equality. Northern republican outrage over the black vote was typified by the chicago tribune. We tell the white man of mississippi demand of the north will convert the state of mississippi into a frog pond before they will allow any such was the disgraced one soul in which the bones of our soldiers sleep. As such southern action actually feel the northern response of intervention which southerners scorned. Republicans in the midterm elections of 1866 major large gains. And then passed the Civil Rights Act of 1866. Began by declaring African Americans be citizens of the United States. We can 66 act went on to ban Racial Discrimination making an important contracts, selling property suing in testifying in court and guarantee African Americans the full and equal benefit of all laws. And protection against an equal punishment, pains and penalties. New act raised questions was it . Eliminate this question congress set to work on another constitution amendment. Rump congress have opposed the 14th amendment. I wish we had time to discuss the chief drafter of the 14th amendment. He deserves to be better known to everyone. Certainly historians and there is a lot to be said there. Lets take a quick look at the 14th amendment. Its about 100 percent formally and state americans were born in the u. S. Is one of the arguments that people could use for american sectionalism. Its really not something in europe. It came to any world. The Second Center the senate with in a very significant controversy. It reads no state shall make or enforce any law that should abridge the privileges or immunities of citizens of the United States. Nor shall any state deprive any person of life, liberty or property without due process of law, or deny it any person within this jurisdiction with equal protection of laws. Even today people have different views of what immunitys, and privileges are. What do processor equal protection of the laws mean. A lack of clarity meant the Supreme Court, and a court system would be involved in determining their meetings. Section two of the 14th amendment seems like a tries to guarantee the right to vote. It does so indirectly, not by granting the vote to write as such, but by reducing the states number of representatives in congress. That state denied or bridge the right to vote. The United States never enforce this section of the 14th amendment remains on imports today. The idea according to republicans was to make up for the three fifth clause of the sun Section Three and four of the 14 amendment dealt with the former confederacy. Section three for billows to engage in rebellion against United States to be members of congress, lets Congress Approved them with a two thirds vote. In 1872 congress did softened that impact, and allowed all successions except for the former top officials told Public Office in 1876. Section for this allows payment of confederate thats they were legal and void when the u. S. And the new constitution that in the situation of debt was a large problem. That was a matter of honor. In 1868 as well 1790 in the former confederacy was not allowed to pay its debts. Section five is essential. It Gave Congress enforcement power using the language that theyre in the 13 Amendment Congress shall have power to enforce by appropriate legislation the provisions of this article. No Reconstruction Amendment provided sovereign power to the federal government over the states and the various subdivisions. Mississippi legislators fear it would be a dangerous kind of power and might admit federal religious station and respect to persons denisons inhabitants of the state. The legislature in both alabama and South Carolina were alarmed at the 14th amendment Gave Congress the power to legislate upon the political status of the freedom. They are correct part of the civil war we the people. Remember when begins Congress Shall make no law respected. Creates an understanding that the government by not action protects freedom. The 14th amendment along with the other two reconstruction halls. Revolutionize freedom in the United States by assuring that was protected by law. Each of the three Reconstruction Amendments uninsured due process and the 15th was granted the right to vote tom l citizens, how specify their Congress Shall have power to enforce. With these amendments the constitution was fundamentally alter. Extent of the Political Rights and whether those rights or separate or unitary remain open to debate, the constitution now had the power of the federal government equal extension of these rights. If states decide to ride not ratify. And these states pursue significant political change might have been delayed in the south and the reality. Gather as it was congressman garfield of ohio declared military authority was needed to plant liberty on the ruins of slavery. As a result Southern States refusal to ratify the Amendment Congress then enacted a reconstruction act reconstruction after authorize new state constitutions nine States Military commanders senator charles sumner, garden support a black right believe the ballot ensured African American citizenship and protection against white supremacy, believe suffrage would be immoral places where. A thought the writer suffrage once given could never be taken away. Across the south vice newly freed slaves were not bother voting were proved wrong. They responded overwhelmingly not been marching to the spot where they had been whipped and cast their ballots. The state constitutions both most of them adopted 1968 and 69 provide Free Public School system for the first time, married womens right among very other things. These new state legislators that ratified the 14th amendment of 1868. Kentucky did not ratified the 14th amendment till 1876, some northern states new jersey withdrew ramifications, and ratified only in 2003 oregon also if you ratification only react they resented ratification only if the 14 member have been effectively would be no need for the 15 amendment. But that was not to be. And compelling voices articulate or in fact, the basic requirement of suffrage. African american leader frederick dulles had the right to vote was a keystone of the arch of human liberty. It became clear to the majority that the constitution should include a new amendment guaranteeing the right to vote, and that of course becomes the 15th amendment. The constitution now define a new birth of freedom. Citizenship in the right to vote was citizenship secured by the 14th amendment, the right to vote by the 15th amendment, African Americans could protect themselves from their former owners, through the rule of law. Could shape those laws by standing for political office, and you could choose their own leaders in an honest battle ballot. Black political participation mushroomed, voting was soon followed by office holding, minor offices in many places but also state legislative seats. Two black mississippi and so were black senators African Americans in the south or almost entirely republicans, and we are joined by local what allies in the Republican Party. I think a personal moment here to talk about how important language is. Southern white who supported equal justice were language is important carpetbag. There were some that were greedy in the north. They carry all their belongings in cheap carpet bags. Also there were others these are amazingly brave people. These teachers will or a town in charlotte 14 who came to start a school and teach former slaves and pence cool. Their lives were rough the dedicated lives to this. Laura stayed her whole life in South Carolina working at pence school. I want to remember that. But also the word i hate the most is the term used for the overthrow of this legitimately elected in a racial government. We use the word redemption of somewhat of a person of faith like me it bothers me its really a restoration. This was a terrorist overthrow in fact to sort of pullback incredible progress made by the 13 and 14 and 15 amendment. Language matters. You overturn reconstruction was the work of unlawful whites because they could not tolerate African American political strength in power holding. Violent was always a component of the United States history but of terrorism expanded. Many forms a lot groups like the ku klux klan in the white nights. Clansmen represented all classes of society. Night riding gangs turned their the clan and his allies struck at African American churches and smaller groups of citizens. Only groups they outnumbered. This generally avoided any clash with federal crew troops. White southerners heartily asserted much terrorism was minimal to take care of the problem but Samuel MillerSupreme Court show me a single white man thats been punished in the state court for murdering an ego or union men . From the first public address or meeting of southern men and watch the massacres and new orleans and memphis have been condemned . The main equivalent of this kind of terrorism will be afghan or syrian nearly 21st century. Calling the white murders and black victims and their white republican allies we think terrorism begins at the United States with 9 11. We live in a terroristic since i at least until 1965. And some evidence since. Enforcement act of 1870 and the later ones to. Also contain a new innovation. Section in that private terrorism. Making it a federal crime to conspiracy or go in disguise but the intention to interfere with any persons free exercise or enjoyment of any right of privilege at center secure dam granted by the constitution or laws of the United States. It seemed at the time they were tools to deal with the turmoil in the south now its always told to say in conclusion to get the audience somehow. Let me listen a few of the many Supreme Court cases involving different interpretations and challenges to the 14 amendment. Just give you an idea how its been changed outside of what it was originally constructed for. And in 1866 to Supreme Court interpreted the 14th amendment will corporations where people in santa claire Southern Pacific Railroad in 1954 the courts use the 14th amendment to overturn the 1896 ferguson cased that legalized it which also use the 14th amendment. In 1962 the 14th amendment as the basis of baker v. Car Supreme Court ruled that we should be one man one vote a 1971 the court hailed the law discriminating against women violated the 14 amendment overturned the 1873 brad well versus illinois this decision in 1973, in 2000 of Supreme Court decided the president ial election in 2015 the Supreme Court ruled on the base of the process of the 14th amendment the same sex couples at the fundamental right to marry. In 1978, i want emphasize these theres a lot of other cases we are going to, a bulky case of College Admissions based on the 14th amendment. Some justice declared the 14th amendment forbids affirmative action. 1960 6 14 amendment was used 20 or 40 years of slavery because the race and illegally sectarian denied equal opportunity for another hundred years, it is now used to prevent remedial help because to take account of race means to the constitution is not color blind. It is interpretation of course maintains the status quo of white privilege. Lets not forget the revolutions do go backwards. This story of a successful implementation the 14th amendment stands as a warning for todays voters and record interpretation of the last lettuce and on a positive note one certainty. The constitution of the United States with the 14th amendment guiding privileges of citizenship inequality is still a Legal Foundation of a new birth of freedom. Anna paraphrase a last sentence for my book and the age of lincoln and lincoln coal said if we could define the problem then let us find a way to solve it. Thank you. I hope we have time for questions id much rather engage i dont like doing like this you can hurt my feelings please. Biden offend someone i failed. We had five daughters little girls believe me we will not hurt my feelings my daughters had me well trained. Yes. He spoke about why northern states ratified the 14th amendment . If they realized it applied to them whether other states besides illinois that eliminated their black codes . They realize that they would need to eliminate their black codes . Theres two things. I dont want to start on my hour lecture on this. It is complex without the forest ramification by the former Confederate States, probably would not have been there were two things that came out of the civil war. We focus a lot on the hatred. It was certainly there. On both sides you get a bit of it on the northern side were to make a mississippi. You cannot have war without other on the other side and being able. If their side came out it was idealism. And lincoln spirit was called upon their what it was deserves or not. I think it was again and again people called on it in terms of lincoln. I think was done because the intransigent, they have seen in the south in each state you have to look at individually. Originally the republicans have been very successful in the first part of reconstruction of elections and things. Of course that the changes were different elections. Grant comes in his president after johnson is a war hero, he was committed to black rights. He used what we call the kkk or the closets to shut down the cohen in South Carolina in the 18 seventies. Some 3 Million Dollars at been invested in the south to observe elections. People put on trial the early part of reconstruction. Its not a very good answer but yes, there were debates i think idealism that came out of the civil war and seeing what it happen, from the reports in the north made a huge number of people were killed how many people run for state legislation today . Im not sure the number. At least seven South Carolina state legislators or murdered. Could you imagine . His role on one side. What it meant the bravery to be a state legislator at that time . As a republican in the south . That really angered people in the north. To see this. It was not at the same as the Civil Rights Movement where there were actually in the later where you could see what was going on in terms of violence, bringing to peoples homes there are reports of it. You get a fascinating tease about john begum. A person that im not familiar with and would love to read more about. Could you make a reference to a good source of information about him . You know theres not much shes not wellknown and hes very important. He made very clear what he thought the 14th amendment was about. Its actually a new biography. I think its gerald gerard medically one. Mega. Well get you a reference. Thank you. And why you press. I have been advocating people to do a biography on being in for a long time. Im sorry missed that. It is fascinating and its very clear what he meant to the 14th amendment to be. Again i was teasing there how it was interpreted later certainly the enforcement clauses and basically he says in his testimony, he should take the bill of rights and apply to state citizenship as well. You have those rights as a state citizen. Sorry. One of the most on acknowledged things which im working on in terms of abdication for 14th amendment, but not Abraham Lincoln it was the Union Veteran black and white. There are tremendous political force. In terms of what happened and there was a very important component in relation to that. Youre absolutely right what they did is they used the martyr lincoln as a way to do it. Lincoln good friday was not a notice by everyone. It was almost this religious kind of thing they pick that up for the 14th and 15th amendment. Father abraham or discuss like figure has died for these rights they got onto the ground and made it happen. The second observation would make that new jersey had ascended their ratification of the 14th amendment. Its interesting that the klan had its second rise to power in the early 19th section 3 20 century, both new jersey and oregon at significant rise of the power of the klan in relation to that. The client of course, reignited pretty much by didi griffiths the birth of a nation. Its midwestern in northern in some ways anti emigration. At a bid in here had to cut out about the similarities. You ought to be careful you know about making comparisons about the uneasiness of the time, immigration and those kind of things to our own date. And the rise of these groups like the clinton. Thank you. Thank you. This will doubtless be a subject of future symposium of your states circles inside the. Could you give a brief answer why support for vigorous enforcement of the 14th amendment was gone and vanished for almost 19 years. Theres no brief answer. I could say though grant actually wanted to but the election changes. One of the question now hes asked my students is why i do not think the first reconstruction is one called out there was a failure all. It was incredible success. Thats why you have the terrorism to overthrow. It because it was working. That does it was failing because we sort of picked up the popular version of. It i would ask you to compare the first and second reconstruction. As i mentioned i think in the second week, people can see children being water host. They can see dogs before that didnt believe a horrible was there. At the time. Theres a lot of reasons the Republican Party shift from what was always, the party of property as well as a vlaun railroad. As labour and the north begins to make demands. As labour in the north goes on strikes and things, that is equated with African Americans who are actually on strike for labor there in terms of rural and agriculture. Those things sort of conflate. Theres a lot of things going on. It really is a complicated story. But it is that they give up, i mean, people say we are tired of this. We are tired of supporting what it would take to make the white south. Its easy to walk away from the idealism then there was there i think earlier. Its not a good answer, but. We are not tired of listening to burn in. Unfortunately, we are out of time. There is a little coffee out there. Were supposed to listen to start the next session two minutes ago, but we will start it in seven minutes. We will just take a little lunchtime away from everybody. If you need coffee, grab it now. applause on lectures in history. University of maryland professor michael ross teaches a class on andrew johnson, the beginnings of reconstruction and the origins of the 14th amendment. Johnson was