Article 5 of 8 · 1857–1877

The republic confronts slavery, secession and unfinished citizenship

Individuals: Abraham Lincoln (1809–1865), Frederick Douglass (1818–1895), John A. Bingham (1815–1900), Thaddeus Stevens (1792–1868) & Ulysses S. Grant (1822–1885)

For enslaved people, republican government had long meant a constitution that recognized representatives but did not recognize their equal political standing. Civil war and constitutional amendments changed the document’s commitments, although enforcement later failed many citizens.

A constitutional crisis becomes a war

In Dred Scott v. Sandford (1857), the Supreme Court ruled against Dred Scott’s claim to freedom and declared that people of African descent whose ancestors had been brought as slaves could not be United States citizens under the Court’s interpretation. The decision intensified a dispute already spreading through elections, territorial expansion and slavery. Abraham Lincoln won the presidency in 1860, and southern states began seceding. War followed in April 1861. A constitutional republic could not preserve itself by simply invoking its institutions when those institutions were deeply divided over who belonged to the political community.

Lincoln issued the Emancipation Proclamation on January 1, 1863, declaring enslaved people free in areas still in rebellion; it did not, by itself, abolish slavery everywhere. Frederick Douglass, formerly enslaved and already a prominent abolitionist, pressed federal leaders to make emancipation and Black enlistment central to the Union cause. Union victory in 1865 created the conditions for the Thirteenth Amendment, ratified that December, to abolish slavery except as punishment for a crime.

Reconstruction changes the meaning of citizenship

Congressman John A. Bingham of Ohio was central to drafting the first section of the Fourteenth Amendment. Ratified in 1868, it established national birthright citizenship in constitutional language and required states to provide due process and equal protection. Thaddeus Stevens and other congressional Republicans demanded strong measures against the political restoration of former Confederate power. The Fifteenth Amendment, ratified in 1870, forbade denying voting rights on account of race, color or previous condition of servitude.

President Ulysses S. Grant supported federal efforts against Ku Klux Klan violence under the Enforcement Acts. For a time, Black men voted, won office and participated in rebuilding southern governments. These successes belonged to citizens, organizers and officials who acted within constitutional institutions; they were met with violent intimidation, discriminatory administration and determined political resistance.

Why constitutional changes did not finish the work

By 1877, federal Reconstruction policies had largely been withdrawn and white supremacist governments consolidated power across much of the South. Later state laws, intimidation and unequal enforcement deprived Black citizens of voting rights and legal protection despite the constitutional amendments. This was not evidence that a republic needs no rights. It was evidence that formal rights can be made ineffective when public authority, courts and election administration cease to enforce them. The next chapter follows citizens who spent generations turning written constitutional guarantees into practical political participation.

Dates & decisions

  • 1857: The Supreme Court decides Dred Scott v. Sandford.
  • 1861: Civil war begins after secession and the attack on Fort Sumter.
  • January 1, 1863: Lincoln issues the Emancipation Proclamation.
  • December 1865: The Thirteenth Amendment is ratified.
  • July 9, 1868: The Fourteenth Amendment is ratified.
  • February 3, 1870: The Fifteenth Amendment is ratified.
  • 1877: Federal Reconstruction retreats, leaving many rights vulnerable.

Historical references