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

After Radical Reconstruction enforced Black suffrage in the South, Black people embraced their newfound freedom and actively participated in political rallies and clubs. Black leaders interpreted the 14th Amendment to guarantee broad equality that exceeded just voting rights. They did not seek forced social interactions, but they insisted on equal treatment in public spheres. Many Black men could vote after the Reconstruction Act, but it was not a national guarantee. Though the lack of national suffrage for Black Americans seemed illogical and unfair—the North required it in Southern states but not for their own Black citizens—guaranteeing Black suffrage through an amendment would prevent Southern states from potentially reversing course later.

The push for Black suffrage was risky for Republicans. More Democrats had taken office in 1867, and not all Republicans supported Black suffrage. Some Republicans argued that supporting racial equality and voting rights for African Americans had cost the party more votes than it gained, while others emphasized that the Republican Party’s fundamental purpose was to adhere to the principle of human rights. To address these concerns, the Republican Party adopted the position that Black votes were crucial in the South but individual Northern states would be able to decide on the issue for themselves.

African Americans demanded voting rights, but the Republican Party downplayed the issue during the election of 1866. However, victories in some states and Grant’s win proved that there was potential for Black suffrage. Congressmen in the House and the Senate immediately proposed amendments that would prevent states from denying voting rights based on race. Republicans faced a decision between two primary approaches: a uniform national voting standard for all adult male citizens, or a more limited approach that specifically barred racial discrimination but left other voter qualifications to state discretion. Initially centered on African Americans, the debate quickly broadened to address the general right to vote, challenging the old view that voting was a privilege that could be restricted. Radical Republicans wanted a single national voting standard, believing that states’ rights contributed to secession.

An amendment guaranteeing universal suffrage was unlikely because it would take power away from states and require national oversight of voting. As a result, most proposals focused on which restrictions were unfair, not who should get to vote. With the amendment’s passage uncertain, a compromise was necessary. The 15th Amendment was a significant step forward, but it fell short of creating a truly universal or equal voting system. It opened the door for states to create seemingly neutral laws that would still make it difficult for Black people to vote. It also did not guarantee the right to hold office for Black men. Many Republicans who voted for it did so reluctantly, seeing it as the weakest possible version to secure passage. However, using negative language (i.e., prohibiting actions) to establish rights has historical precedent in the Constitution. This approach would be used again in future amendments regarding voting rights.

Democrats and some conservative Republicans saw the expansion of voting rights in the Constitution as a radical change, destroying states’ rights and creating a powerful central government. They argued states would not be truly self-governing if they could not set their own voting rules. Democrats also feared that granting Black people political equality would lead to social integration and intermarriage, which they strongly opposed. Shortly after Congress passed the amendment, the newly inaugurated president, Ulysses S. Grant, urged its ratification by the states. Similar to the 14th Amendment, Southern states with biracial governments due to Black voters played a key role in getting it ratified. The 15th Amendment faced more difficulty getting ratified in Northern and border states than in the South. Some states worried it would impact their voting restrictions for immigrants while others rejected it due to concerns about Black suffrage.

The 15th Amendment had a limited impact in 1870, mainly affecting Black men in the South. However, the amendment’s wording allowed loopholes. Southern states used seemingly neutral tactics like poll taxes and literacy tests to restrict Black voting rights. Most Republicans in Congress seemed to agree that states could disenfranchise felons, even while prohibiting race-based voting restrictions. There were few felons at the time, so disenfranchisement for crimes seemed like a minor concession. However, Southern states later increased the number of crimes considered felonies. Black people were disproportionately caught in this stricter justice system, leading to a loss of voting rights beyond what anyone anticipated in 1870.

Even with its limitations, the 15th Amendment was a significant accomplishment. It came just a few years after slavery ended, signifying a major shift in African Americans’ legal and civil status. Black leaders and abolitionists saw it as an end to racial discrimination in the Constitution.

While some feminists saw the amendment as progress toward universal suffrage, most were angry. The amendment explicitly protected men from racial discrimination in voting, but left women out. Feminist leaders feared that the amendment would create a power imbalance wherein white women would be inferior to Black men. The suffragette movement split into those who supported the 15th Amendment and those who demanded a separate amendment for women’s suffrage. The former group believed that supporting Black men outweighed the need for immediate action on women’s rights. A few Radical Republicans backed women’s suffrage, but most disagreed on the basis that denying women the vote contradicted their stance on voting as a fundamental right.

Many white Southerners were not ready to accept racial equality, and violence continued. The Ku Klux Klan, a white supremacist group formed shortly after the Civil War, targeted anyone who challenged white dominance. Black people saw the widespread violence as a way to limit their freedom and take away their newly gained rights. Black men and women spoke out about the violence they suffered, arguing that true freedom and citizenship included protection from physical harm. Since local governments often could not or would not stop the violence, Black people increasingly looked to the federal government for protection. The question then arose as to whether constitutional rights could be effectively eliminated through violence committed by private citizens.

In response to the violence and terror caused by the Ku Klux Klan, Congress passed three Enforcement Acts in 1870 and 1871. These laws aimed to use federal power to address the breakdown of law and order and ensure citizens could exercise their constitutional rights. The first Enforcement Act specifically targeted protecting the right to vote for Black Americans. It outlined punishments for government officials and individuals who interfered with Black voting. It also echoed the Civil Rights Act of 1866, ensuring that personal security became a right for everyone, not just citizens. The third Enforcement Act, known as the Ku Klux Klan Act, addressed the KKK and similar groups. It made conspiracies to prevent Black people from voting, serving on juries, or enjoying equal rights federal crimes. The authors of the Ku Klux Klan Act argued that a state’s failure to protect citizens from violence violated their right to equal protection under the 14th Amendment. This interpretation went beyond the original understanding of the amendment, which focused on actions directly taken by states. Black and white Southern representatives in Congress strongly supported the Enforcement Acts. They disapproved of the legal technicalities that separated government actions from those of private citizens when it came to violating rights.

The passage of the 15th Amendment was seen by some as the official end of Reconstruction. However, there were signs of trouble. Some Republicans now felt Reconstruction had gone too far and excluded white Southerners from power. They believed it was time to end federal intervention and let Black people manage their own future.