Published online by Cambridge University Press: 23 July 2026
Part III (Chapters 5 and 6) discusses Reconstruction, focusing on Congress’s post–Civil War power over voting and elections, which was often at odds with the Supreme Court’s interpretation of that authority. Reconstruction was defined, in large part, by the marriage between the Constitutions of Political Structure and Political Rights. This synergy was necessary because the exigencies of war required the creation of new political norms regarding the right to vote, republicanism, and federalism. This expansion of federal power ultimately set Congress on a collision course with the Court as Congress liberally interpreted its constitutional obligation to ensure republican government in the southern states.
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