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

The Second Founding: How the Civil War and Reconstruction Remade the Constitution (2019) is a nonfiction book by American historian Eric Foner. In this book, Foner discusses the history and legacy of the Constitution’s three Reconstruction amendments: the 13th, 14th, and 15th Amendments. He argues for the contemporary relevance of these amendments, advocating for their robust application to achieve the full spectrum of rights and equality initially envisioned. The text’s main themes are Redefining Citizenship After Slavery, The Challenges of Constitutional Change, and The Modern Legacy of Reconstruction.

Other works by this author include The Fiery Trial, Reconstruction, and Gateway to Freedom.

This guide utilizes the 2019 edition by W. W. Norton & Company.

Content Warning: This text contains references to racism and the enslavement of Black people. The text uses outdated racial terms and refers to Black people as “blacks.”

Summary

The Introduction provides an overview of slavery during the antebellum period. It details the North and South’s economic dependence on slavery and how the Constitution protected slavery through various clauses while never mentioning it directly. The section explores how citizenship was ambiguously defined in the Constitution, allowing states to maintain systemic exclusions, notably in denying women and non-whites various civil, political, and social rights.

The following chapters focus on each of the Reconstruction amendments. Chapter 1 covers the 13th Amendment, detailing its role in formally abolishing slavery through a gradual process. Initially hesitant, President Abraham Lincoln shifted toward decisive action against slavery as the Civil War progressed, leading to a proclamation that, while not immediately ending slavery, symbolized a firm commitment to its abolition and allowed for the enlistment of Black soldiers in the Union military. Although there was Democratic resistance, the amendment passed with a strengthened Republican majority in Congress. While it legally ended slavery, the 13th Amendment to the US Constitution raised new questions about the nature of freedom and civil rights, necessitating further legislative measures to ensure the newly granted freedoms were protected, showcasing the complexities and ongoing challenges in defining freedom and rights in post-slavery America.

Chapter 2 discusses the 14th Amendment, the longest of the Reconstruction and the one most often referenced in the modern era. In the aftermath of the Civil War, the 14th Amendment sought to solidify the rights of formerly enslaved individuals, foster national unity, and adjust political power. The amendment was born from fierce debates between Radical Republicans, like Charles Sumner, who advocated for total equality under a strong federal government, and Moderates, who favored practical, anti-slavery measures. The amendment would not have been possible without the prior passage of the Civil Rights Act of 1866, which defined US citizenship and specified citizens’ rights.

Chapter 3 is about the 15th Amendment, which guaranteed suffrage for Black men. Amidst Radical Reconstruction, leaders like Frederick Douglass championed broad equality beyond mere voting rights. The Republican Party, internally divided, balanced the political risks and moral imperatives of racial equality. The 15th Amendment emerged from debates over uniform voting standards versus state discretion, ultimately allowing room for Southern states to impose voting restrictions like literacy tests and poll taxes. The chapter also explores the violent backlash against Black voters and the federal Enforcement Acts aimed at protecting their rights, demonstrating the challenges of implementing constitutional ideals in a deeply divided nation.

Chapter 4 focuses on how the Supreme Court shaped the legacy of the Reconstruction amendments during the late 19th century. The court’s decisions reflected a broader national retreat from Reconstruction efforts, as the rights of Black Americans began to erode and racial biases increasingly influenced judicial outcomes. Landmark rulings such as the Slaughterhouse Cases exemplify this trend, where the Supreme Court upheld state laws over federal rights protections, significantly limiting the scope of the 14th Amendment’s Privileges or Immunities Clause. This interpretation emphasized state authority and reduced federal oversight, showcasing the court’s role in reinforcing state power over citizens’ rights. In cases like United States v. Cruikshank, the Supreme Court’s narrow rulings weakened federal capabilities to protect Black citizens against racial violence and voter suppression. The chapter explores the significant influence of Supreme Court decisions on the evolution and restriction of civil rights after Reconstruction.

The book concludes with a call to action for the future. Significant progress has been made in advancing the Reconstruction agenda, yet substantial inequalities persist. The fundamental principles of the second founding—birthright citizenship, equal protection under the law, and voting rights—continue to be hotly debated and challenged. While the Supreme Court often narrows the scope of the 13th, 14th, and 15th Amendments with restrictive interpretations, The Second Founding identifies opportunities for reinterpretation and stronger enforcement.