Daniel Kato, “Liberalizing Lynching”

Liberalizing Lynching

But this subtlety of accommodating something that was anything but subtle reveals the dark side of constitutional flexibility. If it is the case that “Our Constitution is so simple and practical that it is possible always to meet extraordinary needs by changes of emphasis and arrangement without loss of essential form”, then what exactly is the point of having a Constitution?”

Daniel Kato’s book Liberalizing Lynching describes the way the Supreme Court allowed the Fourteenth Amendment (1866) to be suspended in the Southern states for the greater part of a century (1877-1965). Lynch-mob justice came to be accepted as normal in about a third of the US, and black Americans in the old Confederacy lost their voting rights, their right to the protection of the laws, their right to a fair trial, and their access to education.

Author: John Emerson

An nescis, mi fili, quantilla prudentia mundus regatur.

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