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

Congress wrestled with major issues following the end of the Civil War. This happened amidst a growing disagreement between President Johnson and the Republican-controlled Congress, along with rising violence against Black people in the South. The 14th Amendment addressed various issues like the rights of the formerly enslaved, national unity, and political power. Some goals were achieved, like defining citizenship, while others, like fully securing rights for Black Americans, were left for future generations.

The Republican Party needed to maintain control in Congress, but the party was divided into Radicals and Moderates. Radical Republicans envisioned complete equality for Black Americans, secured by a strong federal government. Moderates, who made up the majority of the party, were anti-slavery but focused on piecemeal practical solutions rather than moral arguments. However, Republicans largely agreed on the overall goals of Reconstruction. They believed the federal government should define and guarantee rights for freed men and women, and they needed to maintain party unity to pass legislation over President Johnson’s vetoes.

The Joint Committee on Reconstruction was tasked with reviewing proposed amendments and drafting the 14th Amendment. The first draft was an attempt to solve the problem of Black suffrage: With the Three-Fifths Clause invalidated, former slaveholders in the South would not gain political power unless they allowed Black men to participate in government.