The history of civil rights in the United States is usually analyzed and interpreted through the lenses of modern conservatism and progressive liberalism. In Race and Liberty in America: The Essential Reader, author Jonathan Bean argues that the historical record does not conveniently fit into either of these categories and that knowledge of the American classical liberal tradition is required to gain a more accurate understanding of the past, present, and future of civil liberties in the nation. By assembling and contextualizing classic documents, from the Declaration of Independence to the Civil Rights Act of 1964 to the 2007 U.S. Supreme Court decision banning school assignment by race, Bean demonstrates that classical liberalism differs from progressive liberalism in emphasizing individual freedom, Christianity, the racial neutrality of the Constitution, complete color-blindness, and free-market capitalism. A comprehensive and vital resource for scholars and students of civil liberties, Race and Liberty in America presents a wealth of primary sources that trace the evolution of civil rights throughout U.S. history.

The racist legacy behind the Western idea of freedom The era of the Enlightenment, which gave rise to our modern conceptions of freedom and democracy, was also the height of the trans-Atlantic slave trade. America, a nation founded on the principle of liberty, is also a nation built on African slavery, Native American genocide, and systematic racial discrimination. White Freedom traces the complex relationship between freedom and race from the eighteenth century to today, revealing how being free has meant being white. Tyler Stovall explores the intertwined histories of racism and freedom in France and the United States, the two leading nations that have claimed liberty as the heart of their national identities. He explores how French and American thinkers defined freedom in racial terms and conceived of liberty as an aspect and privilege of whiteness. He discusses how the Statue of Liberty—a gift from France to the United States and perhaps the most famous symbol of freedom on Earth—promised both freedom and whiteness to European immigrants. Taking readers from the Age of Revolution to today, Stovall challenges the notion that racism is somehow a paradox or contradiction within the democratic tradition, demonstrating how white identity is intrinsic to Western ideas about liberty. Throughout the history of modern Western liberal democracy, freedom has long been white freedom. A major work of scholarship that is certain to draw a wide readership and transform contemporary debates, White Freedom provides vital new perspectives on the inherent racism behind our most cherished beliefs about freedom, liberty, and human rights.

Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

The new edition of this classic work addresses how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. This third edition incorporates a new chapter on the regulation of the African slave trade and the latest research on Thomas Jefferson.

This book uses the discourse of religious liberty, often expressed as one favoring a separation between church and state, to explore racial differences during an era of American empire building (1750–1900). Discussions of religious liberty in America during this time often revolved around the fitness of certain ethnic or racial groups to properly exercise their freedom of conscience. Significant fear existed that groups outside the Anglo-Protestant mainstream might somehow undermine the American experiment in ordered republican liberty. Hence, repeated calls could be heard for varying forms of assimilation to normative Protestant ideals about religious expression. Though Americans pride themselves on their secular society, it is worth interrogating the exclusive and even violent genealogy of such secular values. When doing so, it is important to understand the racial limitations of the discourse of religious freedom for various aspects of American political culture. The following account of the history of religious liberty seeks to destabilize the widespread assumption that the dominant American culture inevitably trends toward greater freedom in the realm of personal expression.

In Slavery and the Founders, Paul Finkelman addresses a central issue of the American founding: how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. The book explores the tension between the professed idea of America as stated in the Declaration of Independence, and the reality of the early American republic, reminding us of the profound and disturbing ways that slavery affected the U.S. Constitution and early American politics. It also offers the most important and detailed short critique of Thomas Jefferson's relationship to slavery available, while at the same time contrasting his relationship to slavery with that of other founders. This third edition of Slavery and the Founders incorporates a new chapter on the regulation and eventual (1808) banning of the African slave trade.

Killing the Black Body remains a rallying cry for education, awareness, and action on extending reproductive justice to all women. It is as crucial as ever, even two decades after its original publication. "A must-read for all those who claim to care about racial and gender justice in America." —Michelle Alexander, author of The New Jim Crow In 1997, this groundbreaking book made a powerful entrance into the national conversation on race. In a media landscape dominated by racially biased images of welfare queens and crack babies, Killing the Black Body exposed America’s systemic abuse of Black women’s bodies. From slave masters’ economic stake in bonded women’s fertility to government programs that coerced thousands of poor Black women into being sterilized as late as the 1970s, these abuses pointed to the degradation of Black motherhood—and the exclusion of Black women’s reproductive needs in mainstream feminist and civil rights agendas. “Compelling. . . . Deftly shows how distorted and racist constructions of black motherhood have affected politics, law, and policy in the United States.” —Ms.

Through courtroom dramas from 1865 to 1920 - of men forced to jump from moving cars when trainmen refused to stop, of women emotionally wrecked from the trauma of nearly missing a platform or street, and women barred from first class ladies' cars because of the color of their skin - Barbara Welke offers a dramatic reconsideration of the critical role railroads, and streetcars, played in transforming the conditions of individual liberty at the dawn of the twentieth century. The three-part narrative, focusing on the law of accidental injury, nervous shock, and racial segregation in public transit, captures Americans' journey from a cultural and legal ethos celebrating manly independence and autonomy to one that recognized and sought to protect the individual against the dangers of modern life. Gender and race become central to the transformation charted here, as much as the forces of corporate power, modern technology and urban space.

Arriving in New England first as crew members of whaling vessels, Afro-Portuguese immigrants from Cape Verde later came as permanent settlers and took work in the cranberry industry, on the docks, and as domestic workers. Marilyn Halter combines oral history with analyses of ships' records to chart the history and adaptation patterns of the Cape Verdean Americans. Though identifying themselves in ethnic terms, Cape Verdeans found that their African-European ancestry led their new society to view them as a racial group. Halter emphasizes racial and ethnic identity formation to show how Cape Verdeans set themselves apart from the African Americans while attempting to shrug off white society's exclusionary tactics. She also contrasts rural life on the bogs of Cape Cod with New Bedford’s urban community to reveal the ways immigrants established their own social and religious groups as they strove to maintain their Crioulo customs.

In 1835, the city of Washington simmered with racial tension as newly freed African Americans from the South poured in, outnumbering slaves for the first time. Among the enslaved was nineteen-year-old Arthur Bowen, who stumbled home drunkenly one night, picked up an axe, and threatened his owner, respected socialite Anna Thornton. Despite no blood being shed, Bowen was eventually arrested and tried for attempted murder by district attorney Francis Scott Key, but not before news of the incident spread like wildfire. Within days Washington’s first race riot exploded as whites, fearing a slave rebellion, attacked the property of free blacks. One of their victims was gregarious former slave and successful restaurateur Beverly Snow, who became the target of the mob’s rage. With Snow-Storm in August, Jefferson Morley delivers readers into an unknown chapter in history with an absorbing account of this uniquely American battle for justice.