Alexander Tsesis

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Alexander Tsesis is an American constitutional scholar who holds D'Alemberte chair in constitutional law at the Florida State University College of Law. [1] Prior to arriving at Florida State University, he held the Raymond & Mary Simon Chair in Constitutional Law at Loyola University [2] and was a Visiting Professor of Law at George Washington University Law School from 2021 to 2023.

Alexander Tsesis is currently the general editor of the Cambridge Studies on Civil Rights and Civil Liberties and the Oxford Theoretical Foundations in Law.

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<span class="mw-page-title-main">Emancipation Proclamation</span> 1862 executive order by U.S. President Abraham Lincoln freeing slaves in the South

The Emancipation Proclamation, officially Proclamation 95, was a presidential proclamation and executive order issued by United States President Abraham Lincoln on January 1, 1863, during the American Civil War. The Proclamation had the effect of changing the legal status of more than 3.5 million enslaved African Americans in the secessionist Confederate states from enslaved to free. As soon as slaves escaped the control of their enslavers, either by fleeing to Union lines or through the advance of federal troops, they were permanently free. In addition, the Proclamation allowed for former slaves to "be received into the armed service of the United States". The Emancipation Proclamation played a significant part in the end of slavery in the United States.

<span class="mw-page-title-main">Constitution of the United States</span> Supreme law of the United States

The Constitution of the United States is the supreme law of the United States. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the national frame and constrains the powers of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world.

<span class="mw-page-title-main">Thirteenth Amendment to the United States Constitution</span> 1865 Reconstruction amendment abolishing slavery except as punishment for a crime

The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18. It was the first of the three Reconstruction Amendments adopted following the American Civil War.

<span class="mw-page-title-main">United States Declaration of Independence</span> 1776 American national founding document

The Declaration of Independence, formally titled The unanimous Declaration of the thirteen united States of America, is the founding document of the United States. On July 4, 1776, it was adopted unanimously by the 56 delegates to the Second Continental Congress, who had convened at the Pennsylvania State House, later renamed Independence Hall, in the colonial era capital of Philadelphia. The declaration explains to the world why the Thirteen Colonies regarded themselves as independent sovereign states no longer subject to British colonial rule.

Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.

Plessy v. Ferguson, 163 U.S. 537 (1896), was a landmark U.S. Supreme Court decision ruling that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that came to be known as "separate but equal". The decision legitimized the many state laws re-establishing racial segregation that had been passed in the American South after the end of the Reconstruction era in 1877. Such legally enforced segregation in the south lasted into the 1960s.

The Civil Rights Cases, 109 U.S. 3 (1883), were a group of five landmark cases in which the Supreme Court of the United States held that the Thirteenth and Fourteenth Amendments did not empower Congress to outlaw racial discrimination by private individuals. The holding that the Thirteenth Amendment did not empower the federal government to punish racist acts done by private citizens would be overturned by the Supreme Court in the 1968 case Jones v. Alfred H. Mayer Co. The Fourteenth Amendment not applying to private entities, however, is still valid precedent to this day. Although the Fourteenth Amendment-related decision has never been overturned, in the 1964 case of Heart of Atlanta Motel, Inc. v. United States, the Supreme Court held that Congress could prohibit racial discrimination by private actors under the Commerce Clause, though that and other loose interpretations of the Clause to expand federal power have been subject to criticism.

The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789).

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"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."

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The Founding Fathers of the United States, commonly referred to simply as the Founding Fathers, were a group of late-18th-century American revolutionary leaders who united the Thirteen Colonies, oversaw the War of Independence from Great Britain, established the United States, and crafted a framework of government for the new nation.

<span class="mw-page-title-main">Corwin Amendment</span> Proposed US constitutional amendment to protect slavery from federal power

The Corwin Amendment is a proposed amendment to the United States Constitution that has never been adopted, but owing to the absence of a ratification deadline, could still be adopted by the state legislatures. It would shield slavery within the states from the federal constitutional amendment process and from abolition or interference by Congress. Although the Corwin Amendment does not explicitly use the word slavery, it was designed specifically to protect slavery from federal power. The outgoing 36th United States Congress proposed the Corwin Amendment on March 2, 1861, shortly before the outbreak of the American Civil War, with the intent of preventing that war and preserving the Union. It passed Congress but was not ratified by the requisite number of state legislatures.

City of Boerne v. Flores, 521 U.S. 507 (1997), was a landmark decision of the Supreme Court of the United States concerning the scope of Congress's power of enforcement under Section 5 of the Fourteenth Amendment. The case also had a significant impact on historic preservation.

<span class="mw-page-title-main">Civil Rights Act of 1866</span> U.S. law defining citizenship and equal protection

The Civil Rights Act of 1866 was the first United States federal law to define citizenship and affirm that all citizens are equally protected by the law. It was mainly intended, in the wake of the American Civil War, to protect the civil rights of persons of African descent born in or brought to the United States.

<span class="mw-page-title-main">Civil Rights Act of 1875</span> United States federal law

The Civil Rights Act of 1875, sometimes called the Enforcement Act or the Force Act, was a United States federal law enacted during the Reconstruction era in response to civil rights violations against African Americans. The bill was passed by the 43rd United States Congress and signed into law by United States President Ulysses S. Grant on March 1, 1875. The act was designed to "protect all citizens in their civil and legal rights", providing for equal treatment in public accommodations and public transportation and prohibiting exclusion from jury service. It was originally drafted by Senator Charles Sumner in 1870, but was not passed until shortly after Sumner's death in 1875. The law was not effectively enforced, partly because President Grant had favored different measures to help him suppress election-related violence against blacks and Republicans in the Southern United States.

The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law.

The "rights of Englishmen" are the traditional rights of English subjects and later English-speaking subjects of the British Crown.

<span class="mw-page-title-main">United States Bill of Rights</span> First ten amendments to the US Constitution

The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215).

Hodges v. United States, 203 U.S. 1 (1906), was a decision by the United States Supreme Court limiting the power of Congress to make laws under the Thirteenth Amendment. Three white men had been convicted in the Eastern Arkansas District Court for conspiring against black sawmill workers.

<i>Justice and Jurisprudence</i> 1889 book

Justice and Jurisprudence is a book that was first published in 1889 by the Brotherhood of Liberty. It was a critique of rulings of the Supreme Court of the United States on the Reconstruction Amendments. The book is "the first known comprehensive book on jurisprudence written by blacks" and serves as a valuable source of information on African Americans' legal opinions in the late 19th century.

During the Reconstruction era, Alabama was put under U.S. military rule. A constitutional convention was held. Enslavement of African Americans ended and the federal Reconstruction Acts enshrined their basic civil and political rights. African Americans were elected to state and local offices and others were appointed to public offices. Public school systems were established including schools and colleges for African Americans.

References

  1. "Alexander Tsesis | College of Law".
  2. "Faculty and Administration Profiles: Raymond & Mary Simon Chair in Constitutional Law and Professor of Law: School of Law: Loyola University Chicago". luc.edu. Retrieved 1 January 2021.
  3. Rutherglen, George (2010). "Alexander Tsesis, We Shall Overcome: A History of Civil Rights and the Law, New Haven, Conn.: Yale University Press, 2008. Pp. 384. $35.00 (ISBN 978-0300118377)". Law and History Review. 28 (3): 887–889. doi:10.1017/S073824801000057X. S2CID   145562597.
  4. Wolters, R. (2009). "We Shall Overcome: A History of Civil Rights and the Law. By Alexander Tsesis. (New Haven: Yale University Press, 2008. xii, 369 pp. $35.00, ISBN 978-0-300-11837-7.)". Journal of American History. 95 (4): 1146–1147. doi:10.2307/27694594. JSTOR   27694594.
  5. Davis, Thomas J. (2009). "Alexander Tsesis . We Shall Overcome: A History of Civil Rights and the Law . New Haven : Yale University Press . 2008 . Pp. x, 369. $35.00". The American Historical Review. 114 (4): 1064–1065. doi:10.1086/ahr.114.4.1064.
  6. "WE SHALL OVERCOME: A HISTORY OF CIVIL RIGHTS AND THE LAW" . Retrieved 1 January 2021.
  7. "Knowles on Tsesis, 'The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment' | H-Law | H-Net". Networks.h-net.org.
  8. Waldrep, C. (2011). "The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment". Journal of American History. 98 (3): 837–838. doi:10.1093/jahist/jar346.
  9. Baranowski, Brad (2016). "For Liberty and Equality: The Life and Times of the Declaration of Independence. By Alexander Tsesis. Oxford University Press. 2014. 397pp. $24.95/£16.99.: Book Review". History. 101 (345): 325–326. doi:10.1111/1468-229X.12214.
  10. Lafferty, Konya (2012). "For Liberty and Equality: The Life and Times of the Declaration of Independence, by Alexander Tsesis". Unbound - an Annual Review of Legal History and Rare Books. 5: 157.
  11. Flaherty, M. S. (2014). "For Liberty and Equality: The Life and Times of the Declaration of Independence". Journal of American History. 101 (1): 246–247. doi:10.1093/jahist/jau229.