The Second Founding: How the Civil War and Reconstruction Remade the Constitution

“Abolitionists (but not, before the war, most Republicans) demanded not simply an end to slavery but also the incorporation of the freed people as full members of the polity and society.”

This quote shows how the criteria for what constituted success in the fight against slavery were not static but evolved significantly over time. Initially, many Republicans were focused solely on the containment and eventual cessation of slavery without necessarily endorsing the broader social integration of formerly enslaved people. However, the necessity of addressing the status of freed people prompted a significant shift. Many in the party who had not supported abolition before the war found themselves advocating for civil rights afterward.

“Before the Civil War, black spokesmen, like abolitionists more generally, tended to ground their claims in the preamble of the Declaration of Independence rather than the Constitution.”

The Declaration of Independence provided a foundational, ethical argument against slavery, emphasizing liberty and equality as natural rights. However, the Declaration lacked the legal force of the Constitution. After the war, these advocates found a robust legal framework within the Constitution to anchor their demands for civil rights and equality. The title The Second Founding reflects this critical transition—it signifies the reconstruction of the American constitutional order. By embedding new guarantees for freedom and equality directly into the Constitution, this period re-founded the nation on a more inclusive and legally enforceable basis, aligning it more closely with the ideals initially proclaimed in the Declaration of Independence.