Which aspect of american life was most challenged by the passage of the 19th amendment?

In 1865, following the Civil War, southern state legislatures began enacting Black Codes to restrict freedmen's rights and maintain the plantation system. The Republican-controlled Congress responded to these measures by passing the three great postwar constitutional amendments (Thirteenth, Fourteenth, and Fifteenth) that abolished slavery, guaranteed the newly freed blacks equal protection of the laws, and gave all male American citizens the right to vote regardless of their "race, color, or previous condition of servitude."

As Reconstruction came to an end in 1877, the concept of equal rights collapsed in the wake of legislative and judicial actions. The Civil Rights Cases of 1883 greatly limited the rights of blacks and strengthened Jim Crow laws in the South. In Plessy v.Ferguson,the U.S. Supreme Court affirmed the concept of separate but equal public facilities, thus ensuring racial segregation and discrimination, especially in education. Whites would use this concept to keep African Americans, as well as other minorities, in separate and unequal facilities.

The passage of the Fourteenth and Fifteenth Amendments was partly responsible for a rising focus of women's rights activists on the right to vote. Asian, Irish and other immigrant Americans were also restricted from public life, isolated in segregated schools, and discriminated against in regard to employment and housing. They also suffered under bans on racial intermarriage and limitations on real property ownership. Unlike blacks, the Chinese were excluded from immigration after 1882, while many other Asians were limited in the numbers that could legally immigrate, and none were allowed to become citizens. Americans Indians fought the tide of frontier and westward expansion and broken treaty obligations.

The last decades of the nineteenth century were a time when vast and dramatic changes took place throughout America, many of them as a consequence of the Civil War. Urbanization, industrialization, immigration, the ferment of populism and labor struggles, the expansion of education, the settlement of the West and the end of the frontier, and the emergence of women's professions created a more diversified and complicated setting for the equal rights struggle.

*Some content used with permission from Eastern National's Guidebook to The American Civil Rights Experience.

The 13th Amendment to the U.S. Constitution, ratified in 1865 in the aftermath of the Civil War, abolished slavery in the United States. The 13th Amendment states: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

Founding Fathers and Slavery 

Despite the long history of slavery in the British colonies in North America, and the continued existence of slavery in America until 1865, the amendment was the first explicit mention of the institution of slavery in the U.S. Constitution.

While America’s founding fathers enshrined the importance of liberty and equality in the nation’s founding documents—including the Declaration of Independence and the Constitution—they conspicuously failed to mention slavery, which was legal in all 13 colonies in 1776.

Many of the founders themselves owned enslaved workers, and though they acknowledged that slavery was morally wrong, they effectively pushed the question of how to eradicate it to future generations of Americans.

Thomas Jefferson, who left a particularly complex legacy regarding slavery, signed a law banning the importation of enslaved people from Africa in 1807. Still, the institution became ever more entrenched in American society and economy—particularly in the South.

By 1861, when the Civil War broke out, more than 4 million people (nearly all of them of African descent) were enslaved in 15 southern and border states.

READ MORE: How Many U.S. Presidents Owned Slaves? 

Emancipation Proclamation

Though Abraham Lincoln abhorred slavery as a moral evil, he also wavered over the course of his career (and as president) on how to deal with the peculiar institution.

But by 1862, he had become convinced that emancipating enslaved people in the South would help the Union crush the Confederate rebellion and win the Civil War. Lincoln’s Emancipation Proclamation, which took effect in 1863, announced that all enslaved people held in the states “then in rebellion against the United States, shall be then, thenceforward, and forever free.”

But the Emancipation Proclamation in itself did not end slavery in the United States, as it only applied to the 11 Confederate states then at war against the Union, and only to the portion of those states not already under Union control. To make emancipation permanent would take a constitutional amendment abolishing the institution of slavery itself.

READ MORE: Emancipation Proclamation 

Battle Over the 13th Amendment 

In April 1864, the U.S. Senate passed a proposed amendment banning slavery with the necessary two-thirds majority. But the amendment faltered in the House of Representatives, as more and more Democrats refused to support it (especially during an election year).

As November approached, Lincoln’s reelection looked far from assured, but Union military victories greatly helped his cause, and he ended up defeating his Democratic opponent, General George McClellan, by a resounding margin.

When Congress reconvened in December 1864, the emboldened Republicans put a vote on the proposed amendment at the top of their agenda. More than any previous point in his presidency, Lincoln threw himself in the legislative process, inviting individual representatives to his office to discuss the amendment and putting pressure on border-state Unionists (who had previously opposed it) to change their position.

Lincoln also authorized his allies to entice House members with plum positions and other inducements, reportedly telling them: “I leave it to you to determine how it shall be done; but remember that I am President of the United States, clothed with immense power, and I expect you to procure those votes.”

Hampton Roads Conference

Last-minute drama ensued when rumors started flying that Confederate peace commissioners were en route to Washington (or already there), putting the future of the amendment in serious doubt.

But Lincoln assured Congressman James Ashley, who had introduced the bill into the House, that no peace commissioners were in the city, and the vote went ahead.

As it turned out, there were in fact Confederate representatives on their way to Union headquarters in Virginia. On February 3, at the Hampton Roads Conference, Lincoln met with them aboard a steamboat called the River Queen, but the meeting ended quickly after he refused to grant any concessions.

13th Amendment Passes

On January 31, 1865, the House of Representatives passed the proposed amendment with a vote of 119-56, just over the required two-thirds majority. The following day, Lincoln approved a joint resolution of Congress submitting it to the state legislatures for ratification.

But he would not see final ratification: Lincoln was assassinated on April 14, 1865, and the necessary number of states did not ratify the 13th Amendment until December 6.

While Section 1 of the 13th Amendment outlawed chattel slavery and involuntary servitude (except as punishment for a crime), Section 2 gave the U.S. Congress the power “to enforce this article by appropriate legislation.”

Black Codes

The year after the amendment’s passage, Congress used this power to pass the nation’s first civil rights bill, the Civil Rights Act of 1866. The law invalidated the so-called black codes, those laws put into place in the former Confederate states that governed the behavior of Black people, effectively keeping them dependent on their former owners.

Congress also required the former Confederate states to ratify the 13th Amendment in order to regain representation in the federal government.

Together with the 14th and 15th Amendments, also ratified during the Reconstruction era, the 13th Amendment sought to establish equality for black Americans. Despite these efforts, the struggle to achieve full equality and guarantee the civil rights of all Americans has continued well into the 21st century. (It wasn’t until February 2013 that Mississippi officially ratified the 13th Amendment, one of the later states to do so.)

READ MORE: When Did African Americans Get the Right to Vote?

Sources

13th Amendment to the U.S. Constitution: Abolition of Slavery (1865), OurDocuments.gov.
The Thirteenth Amendment, Constitution Center.
Eric Foner, The Fiery Trial: Abraham Lincoln and American Slavery (New York: W.W. Norton, 2010).
Doris Kearns Goodwin, Team of Rivals: The Political Genius of Abraham Lincoln

Reconstruction (1865-1877), the turbulent era following the Civil War, was the effort to reintegrate Southern states from the Confederacy and 4 million newly-freed people into the United States. Under the administration of President Andrew Johnson in 1865 and 1866, new southern state legislatures passed restrictive “Black Codes” to control the labor and behavior of former enslaved people and other African Americans. 

Outrage in the North over these codes eroded support for the approach known as Presidential Reconstruction and led to the triumph of the more radical wing of the Republican Party. During Radical Reconstruction, which began with the passage of the Reconstruction Act of 1867, newly enfranchised Black people gained a voice in government for the first time in American history, winning election to southern state legislatures and even to the U.S. Congress. In less than a decade, however, reactionary forces—including the Ku Klux Klan—would reverse the changes wrought by Radical Reconstruction in a violent backlash that restored white supremacy in the South.

Emancipation and Reconstruction

At the outset of the Civil War, to the dismay of the more radical abolitionists in the North, President Abraham Lincoln did not make abolition of slavery a goal of the Union war effort. To do so, he feared, would drive the border slave states still loyal to the Union into the Confederacy and anger more conservative northerners. By the summer of 1862, however, enslaved people, themselves had pushed the issue, heading by the thousands to the Union lines as Lincoln’s troops marched through the South. 

Their actions debunked one of the strongest myths underlying Southern devotion to the “peculiar institution”—that many enslaved people were truly content in bondage—and convinced Lincoln that emancipation had become a political and military necessity. In response to Lincoln’s Emancipation Proclamation, which freed more than 3 million enslaved people in the Confederate states by January 1, 1863, Black people enlisted in the Union Army in large numbers, reaching some 180,000 by war’s end.

Did you know? During Reconstruction, the Republican Party in the South represented a coalition of Black people (who made up the overwhelming majority of Republican voters in the region) along with "carpetbaggers" and "scalawags," as white Republicans from the North and South, respectively, were known.

Emancipation changed the stakes of the Civil War, ensuring that a Union victory would mean large-scale social revolution in the South. It was still very unclear, however, what form this revolution would take. Over the next several years, Lincoln considered ideas about how to welcome the devastated South back into the Union, but as the war drew to a close in early 1865, he still had no clear plan. 

In a speech delivered on April 11, while referring to plans for Reconstruction in Louisiana, Lincoln proposed that some Black people–including free Black people and those who had enlisted in the military–deserved the right to vote. He was assassinated three days later, however, and it would fall to his successor to put plans for Reconstruction in place.

At the end of May 1865, President Andrew Johnson announced his plans for Reconstruction, which reflected both his staunch Unionism and his firm belief in states’ rights. In Johnson’s view, the southern states had never given up their right to govern themselves, and the federal government had no right to determine voting requirements or other questions at the state level. 

Under Johnson’s Presidential Reconstruction, all land that had been confiscated by the Union Army and distributed to the formerly enslaved people by the army or the Freedmen’s Bureau (established by Congress in 1865) reverted to its prewar owners. Apart from being required to uphold the abolition of slavery (in compliance with the 13th Amendment to the Constitution), swear loyalty to the Union and pay off war debt, southern state governments were given free rein to rebuild themselves.

As a result of Johnson’s leniency, many southern states in 1865 and 1866 successfully enacted a series of laws known as the “black codes,” which were designed to restrict freed Black peoples’ activity and ensure their availability as a labor force. These repressive codes enraged many in the North, including numerous members of Congress, which refused to seat congressmen and senators elected from the southern states. 

In early 1866, Congress passed the Freedmen’s Bureau and Civil Rights Bills and sent them to Johnson for his signature. The first bill extended the life of the bureau, originally established as a temporary organization charged with assisting refugees and formerly enslaved people, while the second defined all persons born in the United States as national citizens who were to enjoy equality before the law. After Johnson vetoed the bills–causing a permanent rupture in his relationship with Congress that would culminate in his impeachment in 1868–the Civil Rights Act became the first major bill to become law over presidential veto.

READ MORE: How the Black Codes Limited African American Progress After the Civil War

Radical Reconstruction

After northern voters rejected Johnson’s policies in the congressional elections in late 1866, Radical Republicans in Congress took firm hold of Reconstruction in the South. The following March, again over Johnson’s veto, Congress passed the Reconstruction Act of 1867, which temporarily divided the South into five military districts and outlined how governments based on universal (male) suffrage were to be organized. The law also required southern states to ratify the 14th Amendment, which broadened the definition of citizenship, granting “equal protection” of the Constitution to formerly enslaved people, before they could rejoin the Union. In February 1869, Congress approved the 15th Amendment (adopted in 1870), which guaranteed that a citizen’s right to vote would not be denied “on account of race, color, or previous condition of servitude.”

READ MORE: When Did African Americans Get the Right to Vote?

By 1870, all of the former Confederate states had been admitted to the Union, and the state constitutions during the years of Radical Reconstruction were the most progressive in the region’s history. The participation of African Americans in southern public life after 1867 would be by far the most radical development of Reconstruction, which was essentially a large-scale experiment in interracial democracy unlike that of any other society following the abolition of slavery. 

Southern Black people won election to southern state governments and even to the U.S. Congress during this period. Among the other achievements of Reconstruction were the South’s first state-funded public school systems, more equitable taxation legislation, laws against racial discrimination in public transport and accommodations and ambitious economic development programs (including aid to railroads and other enterprises).

READ MORE: The First Black Man Elected to Congress Was Nearly Blocked From Taking His Seat

Reconstruction Comes to an End

After 1867, an increasing number of southern whites turned to violence in response to the revolutionary changes of Radical Reconstruction. The Ku Klux Klan and other white supremacist organizations targeted local Republican leaders, white and Black, and other African Americans who challenged white authority. Though federal legislation passed during the administration of President Ulysses S. Grant in 1871 took aim at the Klan and others who attempted to interfere with Black suffrage and other political rights, white supremacy gradually reasserted its hold on the South after the early 1870s as support for Reconstruction waned. 

Racism was still a potent force in both South and North, and Republicans became more conservative and less egalitarian as the decade continued. In 1874—after an economic depression plunged much of the South into poverty—the Democratic Party won control of the House of Representatives for the first time since the Civil War.

READ MORE: How the 1876 Election Effectively Ended Reconstruction

When Democrats waged a campaign of violence to take control of Mississippi in 1875, Grant refused to send federal troops, marking the end of federal support for Reconstruction-era state governments in the South. By 1876, only Florida, Louisiana and South Carolina were still in Republican hands. In the contested presidential election that year, Republican candidate Rutherford B. Hayes reached a compromise with Democrats in Congress: In exchange for certification of his election, he acknowledged Democratic control of the entire South. 

The Compromise of 1876 marked the end of Reconstruction as a distinct period, but the struggle to deal with the revolution ushered in by slavery’s eradication would continue in the South and elsewhere long after that date. 

A century later, the legacy of Reconstruction would be revived during the civil rights movement of the 1960s, as African Americans fought for the political, economic and social equality that had long been denied them.

READ MORE: Black History Milestones: A Timeline

Which aspect of american life was most challenged by the passage of the 19th amendment?