1866
Ex parte Milligan
No. Military trial of civilians is unconstitutional where the civil courts are open and functioning, even in wartime.
Source: Opinion of the Court
Reconstruction. 1866–1877
Three amendments abolish slavery, define citizenship, guarantee equal protection and bar racial discrimination in voting. Congress passes enforcement laws; early court decisions read the new amendments narrowly.
The questions. As the record frames them.
The constitutional questions this era’s decisions and laws turned on.
- What do equal protection and due process require of the states?
- How far can Congress go in enforcing civil rights?
The record. 8 entries, in order.
Every case, amendment and event in Constilumen dated 1866 to 1877.
1866
Civil Rights Act of 1866
Passed over President Andrew Johnson’s veto. Declares people born in the United States to be citizens and guarantees equal rights to make contracts, sue, and hold property.
Source: U.S. House of Representatives
1868
House impeaches President Andrew Johnson
The first impeachment of a President, chiefly over his removal of the Secretary of War in alleged violation of the Tenure of Office Act. The Senate acquits by one vote short of the two-thirds needed to convict.
Source: U.S. Senate
1868
Fourteenth Amendment: Citizenship, due process and equal protection
Everyone born or naturalized in the United States and subject to its jurisdiction is a citizen; no state may deny any person life, liberty or property without due process of law, or the equal protection of the laws.
Source: National Archives
1870
Fifteenth Amendment: Race and the right to vote
The right of citizens to vote shall not be denied or abridged on account of race, color, or previous condition of servitude.
Source: National Archives
1871
Ku Klux Klan Act
The third of the Enforcement Acts lets the President use the military and suspend habeas corpus to suppress conspiracies that deprive citizens of equal protection, and creates a federal cause of action for deprivation of constitutional rights.
Source: U.S. Senate
1873
Slaughter-House Cases
No. The Privileges or Immunities Clause protects only rights of national citizenship, a narrow set, leaving most civil rights to the states.
Source: Opinion of the Court
1875
Minor v. Happersett
No. Citizenship did not carry the right to vote, and states could limit suffrage to men.
Source: Opinion of the Court
The language. What stood out in print.
Tracked terms printed most often in 1866–1877 compared with their own average across 1789–2022. A value of 2× means the word appeared twice as often as usual.
- suffrage3.0×
- martial law1.6×
- constitution1.5×
- habeas corpus1.2×
- patriotism1.1×
- liberty1.0×
Executive orders. Presidencies of the era.
Totals for each full presidency, including years outside the era. Counts before 1945 include unnumbered orders.
| President | Took office | Orders | Per year |
|---|---|---|---|
| Andrew Johnson | 1865 | 79 | 20 |
| Ulysses S. Grant | 1869 | 217 | 27 |
| Rutherford B. Hayes | 1877 | 92 | 23 |
Source: The American Presidency Project. All presidencies