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Our knowledge of American history is built on a set of longaccepted beliefs. But what if those beliefshowever familiar
dont really tell the whole story? What we believe to be history is
the lens through which we view the world. And when that lens is
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December 2015
Change comes
to Dixie in a civil
rights march,
Alabama, 1965.
A M E R I C A N H I S TO RY
FEATURES
26 The Graphic Life of John Lewis
60 In Pursuit of Justice
DEPARTMENTS
4 Letters
8 American Mosaic
14 Cameo
Caresse Crosby, free-spirited inventor
16 Encounter
Buffalo Bill at Queen Victorias command
18 Interview
Civil rights organizer Bernard Lafayette
20 Game On
Women win big with Title IX
22 Dj Vu
Does disarmament work?
25 Editors Note
66 Reviews
72 Top Bid
Campaign kitsch
COVER AND ABOVE: BRUCE DAVIDSON/MAGNUM PHOTOS
DECEMBER 2015
LETTERS
V-J Days?
Foreign Minister
Mamoru Shigemitsu
and General Yoshijiro
Umezu lead the
Japanese delegation,
September 2, 1945.
American History
19300 Promenade
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American Herstory
The Berlin bureau chief in 1925 was a woman!
Who knew? The article on Dorothy Thompson
A M E R I C A N H I S TO RY
Fine Print
I just received my October issue of American
History. I cant describe how disappointed I
was with the new design. I know designers
need to update the look every few years so the
magazine doesnt become boring. But why
reduce the size of the type? The articles are
hard to read. I was director of design and
publications at Towson University for 35 years
and spent six years working in publications at
Baltimore design studios. The one thing I told
my staff was no matter how good the design is
it doesnt work if you cant read it.
Mike Dunne
Retired Director of Design and
Publications, Towson University
I very much enjoy American History and look
forward to each issue. But I have struggled to
read the October 2015 issue because the print
is so small. I imagine there must be others
who nd the new print size difficult to read.
I dont want to give up my favorite magazine
because I can no longer read the text!
Sally Heimerdinger
Falmouth, Mass.
We heard you and made some adjustments
with this issue. Let us know how were doing.
Correction
An American Mosaic story in the October
issue incorrectly stated that the Marquis de
Lafayette sailed to America in 1781. Lafayette
arrived onboard the Hermione in 1780.
Fire Alarm
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AMERICAN MOSAIC
Compiled by Sarah Richardson
Thoreau Scouts
Fullers Shipwreck
I found the young men playing at dominoes with their hats decked
out with the spoils of the drowned, wrote Henry David Thoreau in his
penciled report regarding the drowning of American author Margaret
Fuller, her partner, infant and shipmates off Fire Island, N.Y., on July
19, 1850. Recently acquired by Harvards Houghton Library, the notes
add to the librarys extensive collection of material by Fuller, Thoreau
and Ralph Waldo Emerson, according to Harvard Magazine.
Fullers friend Emerson had sent Thoreau to the site of the shipwreck to recover whatever possible of the writers remains and belongings. Fuller, a pioneering feminist, literary critic and war correspondent
who had been living in Italy, was writing a history of the Roman Republic that she regarded as her lifes work. Emerson, who had hired
Fuller as the rst editor of his magazine The Dial in 1839, hoped to
rescue her project from the maritime disaster.
Although Thoreau had summarized his experience at the shipwreck site in other publications, never before had scholars seen the
original nine-page note.
A M E R I C A N H I S TO RY
Bewitched by
Bison
At the time of European contact with the
New World, some 30 to 60 million bison thundered across the country. By the early 1900s
hunters brought the species to the verge of extinction. Today bison are protected, thriving in
national parks and in private herds. According
to bisoncentral.com, about half a million now
exist in the United States, and an effort is under
way to make the bison the national mammal.
For more information, visit votebison.org.
A modern
$50 gold
coin borrows
the iconic art
from the 1913
buffalo nickel.
TOP: PHOTO BY BRITTNEY TATCHELL, SMITHSONIAN INSTITUTION; BOTTOM: BURWELL PHOTOGRAPHY, ALL RIGHTS RESERVED
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Governor Nikki Haley ordered the Confederate ag removed from the State Capitol
grounds in Columbia, and discussions about
how to handle other Confederate memorials
across the South have begun. The prominence
of this form of cultural memory, however, poses
another question: Where in public spaces are
the experiences of American slaves commemorated? At the end of the Civil War, this group
constituted 4 million people, more than a third
of the population of the Southern states.
In 1989, following the publication of her
novel Beloved, which tells the story of a mother
who chose to kill her child rather than allow her
to be raised a slave, Toni Morrison said, There
is no place you or I can go, to think about or
not think about, to summon the presences of,
or recollect the absences of slaves. . . .There is
no suitable memorial, or plaque, or wreath,
or wall, or park, or skyscraper lobby. Theres
no 300-foot tower, theres no small bench by
the road. Since 2006 the Toni Morrison Societys Bench by the Road Project has installed
A M E R I C A N H I S TO RY
11 benches in cities ranging from Paris to Hattiesburg, Miss., to mark places signicant to
African-American history and to create spaces
for public dialogue. For more information visit
www.tonimorrisonsociety.org.
Although many museums document the
African-American experiencenext year the
National Museum of African American History and Culture will open on the National
Malleven 25 years after Morrisons remark
few focus on American slavery. The Old Slave
Mart, established in Charleston, S.C., in 1859
to privately auction slaves and other property,
has been a museum off and on since 1938. A
key port in the slave trade, Charleston is also
preparing to open the International African
American Museum, which will address the
global impact of the slave trade, in 2018. Former Virginia governor Douglas Wilders attempt to found the United States National
Slavery Museum in Fredericksburg ended in
failure and bankruptcy, but a renewed effort in
Richmond may erect a museum in the Shockoe
Bottom neighborhood, location of one of the
largest slave markets in the United States. In
Philadelphia, a federal monument to slavery
exists at the Presidents House, site of the executive mansion from 1790 to 1800. That installation, completed in 2010, remembers the
nine slaves George Washington then owned
and explores the ideas of slavery and freedom
in the new nation.
The most powerful, sweeping memorial of
slavery in the United States lies 35 miles west
of New Orleans at the Whitney Plantation, a
262-year-old sugar cane farm that opened as a
museum less than a year ago. The project is the
brainchild of trial lawyer John Cummings, who
bought the plantation as a real estate investment then turned it into a museum showcasing period buildings as well as sculpted gures
AMERICAN MOSAIC
On the Road
Again
CLOCKWISE FROM TOP: COURTESY OF WHITNEY PLANTATION (2); ROLLS PRESS/POPPERFOTO/GETTY IMAGES; JULIE EGGERS/CORBIS
Steinbecks
road trip to
rediscover
my people
included
his poodle,
Charley.
DECEMBER 2015
11
AMERICAN MOSAIC
Historic Sites
in Danger
Jamestown Settler
Remains Identied
Jamestown, the rst permanent English settlement in North America, almost failed. Between 1609 and 1610 nearly 80 percent of its settlers
died of hunger and disease. It was known as the starving time, when
a ship bearing supplies from England failed to arrive. Among the dead
were prominent men whose identities were recently determined based
on skeletal analysis, according to Smithsonian. The remains were found
buried in the front of the Jamestown church, whose footprint had been
discovered in 2013. Because only 30 percent of the skeletons remained,
identication proceeded through forensic analysis for sex and age, and
genealogical records helped researchers pin down the names. The men
ranged in age from 24 to 39. One was a chaplain; another, William West,
was known to have been killed in a ght with the Powhatan Indians in
1610. Close analysis of an item in his grave showed it to likely be a silk
scarf, embellished with silver bullion fringe and spangles.
Fort Worths
historic district
is threatened
by developers.
A M E R I C A N H I S TO RY
national culture out of their amalgam of indigenous groups drew on the work of American
educational philosopher John Dewey and anthropologist Franz Boas for inspiration. Flores
outlines how this nation-building effort in turn
inuenced the civil rights work of American
educators in the 1940s and helped end segregation of Mexican-American students in California and Texas.
FROM TOP: DONALD E. HURLBERT/SMITHSONIAN INSTITUTION; LIBRARY OF CONGRESS; OPPOSITE: SCOTT B. ROSEN/ALAMY
Anthropologists
study the grave
of the Rev.
Robert Hunt.
Fact or
Fiction?
13
CAMEO
Fearlessly Free
by Sarah Richardson
NATIONAL ARCHIVES (2); OPPOSITE: SPECIAL COLLECTIONS RESEARCH CENTER, MORRIS LIBRARY, SOUTHERN ILLINOIS UNIVERSITY, CARBONDALE
Patented in 1914
under the name M.P.
Jacob, the backless
bra does not
conne the person
anywhere except
where it is needed.
15
A M E R I C A N H I S TO RY
by Peter Carlson
E NCOUNTER
show began. Cowboys lassoed steers and rode bucking broncos. Indians
attacked a wagon train until Cody and his cowboys rode to the rescue.
Annie Oakley shot a cigar out of her husbands mouth. A cowboy named
Mustang Jack jumped over a full-grown horse and landed on his feet,
then did it again holding two 10-pound dumbbells. Indians attacked the
Deadwood stagecoach until Cody and his cowboys rode to the rescue
again. The Indians chased buffalo, erected a village of tepees and performed a war dance. Galloping at full speed, Cody shot dozens of glass
balls thrown into the air. Indians attacked a log cabin until Cody and his
cowboys rode to the rescue once more.
The crowd cheered and the critics raved. Buffalo Bills entertainment is assuredly the most remarkable ever seen in this country, said
the Illustrated London News, and Sporting Life agreed: It is new, it is
brilliant, it will go!
Maybe the queen read those reviews or maybe she talked to her
son Edward, the Prince of Wales, who loved the show. She wrote to
Cody requesting a private performance by royal command. Cody was
delighted to obey. It was a rare honor. Victoria, then 67, occasionally
summoned actors to perform at Windsor Palace, but she seldom made
public appearances after the death of her husband, Prince Albert, 26
years earlier, in 1861.
She came to the show in a big shining wagon, and there were soldiers on both sides of her, Black Elk remembered. That day, other people could not come to the showjust Grandmother England and some
people who came with her.
It was an audience of 26the queen and her entourage, sitting in the
royal box in grandstands that could hold 40,000. A horseman rode into
the arena carrying an American ag while the ringmaster announced
that the ag stood for peace and friendship. The queen rose to her feet
and bowed deeply.
Thenwe couldnt help itthere arose such a genuine heartstirring American yell from our company as seemed to shake the sky,
Cody later wrote. It was a great event. For the rst time in history, since
the Declaration of Independence, a sovereign of Great Britain had saluted a star-spangled banner, and that banner was carried by a member
of Buffalo Bills Wild West.
Cody rode to the royal box on Old Charlie, bowed to the queen and
said, Welcome, Your Majesty, to the Wild West of America.
Then the show began. The whole company seemed infected with
a determination to excel themselves, Cody later recalled. Personally,
I missed not a single shot, and the young ladies [Annie Oakley and another sharpshooter, 16-year-old Lillian Smith] excelled themselves in
the same line; the charges on the Indians were delivered with a terric
vim; and the very bucking horses seemed to buck like steam engines.
We danced and sang, recalled Black Elk, and I was one of the
dancers chosen to do this for the Grandmother, because I was young
and limber then and could dance many ways. We stood right in front of
Grandmother England. She was little but fat and we liked her.
After the show, the queen requested that the performers come over
to meet her. She told Cody that she enjoyed the show. Cody recalled that
DECEMBER 2015
17
A M E R I C A N H I S TO RY
A More Unied
Community
I N TE RVI EW
to march: As Martin Luther King said, we had to ght for the right to
ght for right. But we were aware that we would face violence, and at
the Montgomery, Ala., bus station we were badly beatenI got three
cracked ribs. Fortunately, no one got killed on the Freedom Rides and
we accomplished our goals. There are other alternatives. One is to do
nothing and let violence take its course. Another is to combat violence
with violence, which would increase the amount of violence. The third
is to use nonviolence as an example of how to change a violent society.
Your actions are what you advocate.
President Lyndon Johnson signed the Civil Rights Act and the Voting
Rights Act. Did activists view him as a friend of the movement?
Some people did and some people didnt. Johnson certainly advocated
passing the public accommodations actthe Civil Rights Act of 1964.
But he also was interested in the war on poverty and got involved in the
Vietnam War, and was preoccupied with that, and so was not, early on,
an advocate for the Voting Rights Act. When Martin Luther King asked
him about it, Johnson waved him off and said hed done enough for civil
rights. He initially was reluctant, but we were able to get the attention
of masses of people. So Johnson was forced to [push for] passage of the
voting rights bill. He was a friend of the movement, in a way, because he
ultimately made it happen.
Was the Voting Rights Act the eras most effective piece of civil rights
legislation?
I would say so. Our whole democratic process means people participate
in governance. If we deny people the vote, then they have no say in our
governance. That voting rights act did more to change our involvement and participation than any other piece of legislation, and
thats why it was met with so much resistance.
Were there big changes in black registration and
voter turnout in the South in the years immediately after the law was passed?
Yes, absolutely. We had more black elected officials in Mississippi than in any other state. There
was a substantial increase in black voting participationbut not a majority. There was an observable
change. Still, people have to be educated. We made
one big mistake: After the Voting Rights
Act was passed, we, including myself,
assumed that people would just
go out and register and exercise
their right to vote. We should
have established citizen education centers in every
county where people could
learn how to participate in
government. Its not sim-
Lafayette in 2011,
50 years after hed
participated in
the Freedom Rides.
DECEMBER 2015
19
The document that changed sports in America didnt mention the word sports. Title IX
of the United States Education Amendments of 1972 stipulates that no person in the United
States shall, on the basis of sex, be excluded from participation in, be denied the benets of,
or be subjected to discrimination under any education program or activity receiving federal
nancial assistance.
Few would have guessed that the antidiscriminatory language in that legislation
would spark an explosion of womens sports
in high schools and colleges. But thats exactly what has happened over the last 40 years.
Linda Jean Carpenter and R. Vivian Acosta,
professors emerita at Brooklyn College who
have studied the impact of Title IX, note that
in 1970, colleges under the umbrella of the Na-
20
A M E R I C A N H I S TO RY
G A M E ON
21
President Obama praised the deal as an example of strong and disciplined diplomacy, and the UN Security Council voted its unanimous
approval. But critics hammered what they believe are the agreements
aws: Foreign inspectors must give 24 days notice before they visit Iranian nuclear facilities, ample time to hide evidence of any violation; and
with Irans path to an atomic bomb ensured (if slowed), its rivals in the
Islamic world may try to build their own bombs.
The United States has a long history of seeking peace through disarmament. Isolation from Europe, and an aversion to taxes, encouraged
military cutbacks after each of the countrys early wars. At the end of the
19th century the U.S. began building up its navy, and in 1917 it entered
the World War. But once peace came, the country reverted to its old attitudesand hoped the rest of the world would adopt them.
After the armistice Senator Hiram Johnson, R-Calif., expressed the
traditional pro-disarmament view: War may be banished from the earth
more nearly by disarmament than by any other agency or in any other
manner. In December 1920 Senator William Borah, R-Idaho, proposed
a practical disarmament policy: a Senate resolution asking the worlds
three largest naval powersthe United States, Britain and Japanto cut
their shipbuilding in half over the next ve years.
22
A M E R I C A N H I S TO RY
Borahs resolution quickly caught on. Dogood groups, such as the Federal Council of
Churches and the League of Women Voters,
naturally supported it. But so did war hero
General John J. Pershing, who argued that
unless armaments were cut, the world would
plunge headlong downto darkness and
barbarism. In May 1921 the Borah resolution
passed the Senate 74-0; in July it passed the
House 332-4. Disarmament gave Republicans,
who had taken the lead in keeping the United
States out of the League of Nations, a foreign
policy that went beyond naysaying.
On Armistice Day, November 11, 1921,
President Warren G. Harding dedicated the
Tomb of the Unknown Soldier at Arlington
National Cemetery. In an emotional ceremony
that included the interment of the unidentied remains of an American serviceman who
had died in the World War, the president said,
REUTERS
After nine years of negotiating, the United States, Iran and ve other nationsBritain, China, France,
Germany and Russiasigned an agreement in July in Vienna lifting international trade sanctions on
Iran in return for restrictions on its nuclear program: Research and development is capped for 10 years,
and enrichment of uranium is limited for 15.
D J VU
Nuclear technicians in Isfahan, Iran,
2005. Iran claims its uranium is used in
nuclear reactors. Others fear it will be
converted for use in weapons.
Unless arms
were cut,
said General
Pershing,
the world
would
plunge into
darkness
and
barbarism
DECEMBER 2015
23
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E D I T O R S N O T E
In July 1776, as representatives of the 13 British colonies in North America gathered to declare themselves united and absolved from all allegiance
to the Crown, with a few words they established a set of guiding principles
that form the bedrock of the American Dream: We hold these truths to be
self-evident, that all men are created equal, that they are endowed by their
Creator with certain unalienable Rights, that among these are Life, Liberty
and the pursuit of Happiness.
DECEMBER 2015
25
John Lewis
26
A M E R I C A N H I S TO RY
DECEMBER 2015
27
lant leader of the Student Nonviolent Coordinating Committee (SNCC) throughout that
turbulent era and, since 1987, a member of the
U.S. House of Representatives. Through stark
images, taut storytelling and conscientious
research, Lewis and his coauthors, Andrew
Alabama state troopers
rush the protesters
coming off the bridge,
and Lewis is clubbed in
the head. The ferocious
attacks on peaceful
demonstrators drew
attention worldwide.
28
A M E R I C A N H I S TO RY
29
BRUCE DAVIDSON/MAGNUM PHOTOS; OPPOSITE: TOP: COURTESY OF THE FELLOWSHIP OF RECONCILIATION; BOTTOM: 1976 MATT HERRON/TAKE STOCK/THE IMAGE WORKS
So Aydin began crafting a script for the series, conducting interviews with Lewis and activists such as James Lawson, who taught nonviolent tactics to SNCC and other civil rights groups. (Lawson appears in
Book One to prep the student protesters for the Nashville lunch counter
protests.)
My primary goal was to capture the experiences of the congressman and others so that I could put the readers in those activists shoes,
Aydin says. I wanted to hear the stories about how they reacted and
how they faced their fears. Lewis made this part of the process easy,
says Aydin, because hes an amazing storyteller. I had to not only get
the details down but also learn his voice as I heard his story and got to
know it inside out.
The interviews were compelling, but Aydin warns, You have to be
careful because memories fade. Every fact had to be triple-checked. So
he delved into all the available histories of the movement along with
minutes of SNCC meetings, archived records of such organizations as
Kings Southern Christian Leadership Conference and letters written by
and to the activists.
For Lewis, the process of recounting yet again what were at once
the most storied and most agonizing years of his life proved a powerful, moving, sometimes very emotional experience. You feel as if youre
living your life all over again. Consider the turbulent rush of events
from the sit-ins to the Freedom Rides to the unprecedented March on
Washington where, as Book Two recounts, he was pressured to revise
his speech at the Lincoln Memorial by the marchs venerated patron
A. Philip Randolph. Lewis deleted direct criticism of the federal government for moving too slowly on civil rights and toned down a call to
march through the heart of Dixie, the way Sherman did toward the
end of the Civil War. Lewis, now the only speaker from that August 1963
event who is still alive, nonetheless delivered a ery, emphatic, rousing
speech that many recall as vividly as Kings more celebrated I Have a
Dream oration. Book Two relates Lewis speech in full and includes his
post-march encounter with President John F. Kennedy who tells him, I
White hecklers
taunt the civil rights
marchers with a
Confederate ag,
Selma, March 1965.
31
32
A M E R I C A N H I S TO RY
It is not just
Negroes, but really
it is all of us, who
must overcome the
crippling legacy
of bigotry and
injustice. And we
shall overcome
President Lyndon Johnson, special
message to Congress urging passage of
a voting rights bill, March 15, 1965
of the comics canon. It won special recognition from the Robert F. Kennedy Book Awards, and the American Library Association selected it as
a Notable Childrens Book and a Coretta Scott King Honor Book.
Book Two, published in January this year, has received similar
praise, with a starred rave from Kirkus Reviews citing the heroism and
steadiness of purpose that continue to light up Lewiss frank and harrowing account of the civil rights movements climactic days. The second volume ends with the September 1963 bombing of the 16th Street
Baptist Church in Birmingham, Ala., that killed four young girls.
Book Three, tentatively scheduled for publication in 2016, will, in
Aydins words, be more difficult to absorb because of the complex undertakings that went on in 1964. You had Mississippi voter registration
going on that summer along with the murders of [civil rights workers
James] Chaney, [Andrew] Goodman and [Michael] Schwerner and the
political maneuverings that went on during the Democratic convention.
Then theres Selma and the Pettus Bridge and everything surrounding
that. Selma led to the passage in August 1965 of the Voting Rights Act
(see sidebar, page 32).
The Obama inauguration serves as a framing device, a kind of thematic emphasis on how nonviolent direct action expanded the role of
DECEMBER 2015
33
Do not strike
back if abused
SNCC memo, 1961
34
A M E R I C A N H I S TO RY
CLOCKWISE FROM TOP RIGHT: JUSTIN EISINGER/TOPSHELF PRODUCTIONS; BILL CLARK/CQ ROLL CALL/NEWSCOM; BETTMANN/CORBIS; TOPSHELF PRODUCTIONS (2)
few terrible things that didnt happen to Lewis that day.) He couldnt
nd an orange for this particular march, but he had the apple.
So Lewis marched solemnly through the convention hall wearing
the raincoat and backpack. And there were schoolchildren and teachers with him, many of whom had read March in their classrooms. I had
these two little girls by the hand and all I did was keep asking them, Are
you all right? And they were moving faster than I could.
Lewis said that by the time he and his contingent arrived at the
table where he was to sign copies of March, there was already a very
long line. And yet, those bigger people who had been waiting some time
for the chance to meet the congressman yielded the front of the line to
Lewis young party. You know that biblical phrase about a little child
leading them? Lewis recalls. These little children were leading all of us.
One of those children also stumped Lewis with a question. Congressman, the youngster asked, why are you so awesome?
And I said, after I thought about it, I never considered myself
awesome. I just wanted to help out and try to make a contribution.
March, he hopes, will be another such galvanizing contribution as it presents in simple yet
comprehensive fashion how movements for
change can be organized, conducted and sustained despite personal or political setbacks.
Activists get so frustrated when things
dont work out right away, Aydin says. What
were trying to show here is that you are not in
this struggle for a day, or a week, or even a few
years. Youre in it for a lifetime and maybe, just
maybe, after 50 years, you begin to see some
things you could only imagine now. Could
those [civil rights activists] have imagined living long enough to see a black president?
Lewis likewise sees March as being just
another step on the long journey toward justice and equality that he began before John
Kennedy was even elected president. Its not
over. That struggle goes on every day. You
see it happening now. And its our hope and
our prayer that young people who read this
story will see how another generation acted in
peaceful, loving, nonviolent fashion regardless of the dangers.
Gene Seymour is a freelance writer who has
contributed articles to The Nation, BookForum, USA Today, CNN.com and the Los
Angeles Times, among many other publications. He lives in Philadelphia.
DECEMBER 2015
35
Correcting the
CONSTITUTION
Was the Bill of Rights necessary?
by Richard Brookhiser
A M E R I C A N H I S TO RY
PHOTO CREDIT GOES HERE THEY USE WHERE THE DOES MORE
38
A M E R I C A N H I S TO RY
LEFT TO RIGHT: THOMAS SULLY/VIRGINIA HISTORICAL SOCIETY, RICHMOND/BRIDGEMAN IMAGES; JOHN TRUMBULL/COLLECTION OF THE NEW YORK HISTORICAL SOCIETY/BRIDGEMAN IMAGES;
LOUIS MATHIEU DIDIER GUILLAUME/VIRGINIA HISTORICAL SOCIETY, RICHMOND/BRIDGEMAN IMAGES; PEOPLE AND POLITICS/ALAMY
Alexander Hamilton
argued against a bill of
rights, claiming it would
tempt government to
test its limits.
39
We Need an
AMENDMENT
Its not easy to amend the Constitution.
Since 1789, 33 amendments have been
passed by Congress and submitted to
the states; 27 of those amendments have
been ratied. The six failed amendments
include proposals to revoke the citizenship
of anyone accepting a title of nobility from
a foreign country (1810), prohibit Congress
from abolishing slavery (1861), enable
Congress to regulate child labor (1924),
and guarantee equal rights under the law
regardless of sex (1985).
But thousands of amendments have
been proposedmore than 11,600 of them
according to a 2014 report by the U.S.
Senatewhich has led to robust debate
over whether the amendment process is
too cumbersome for our rapidly changing
society. Consider how America might be
different had any of these measures made it
out of Congress and into the Constitution:
U Replace the president with a
three-member executive council (1878)
U Make divorce illegal (1914)
U Limit personal wealth to $1 million
(1933)
U Forbid drunkenness in the U.S. and
its territories (1938)
U Limit the federal governments role in
treaty-making (1951)
U Make ag burning illegal (1968)
DECEMBER 2015
41
FREEDOMS DREAM
After the Civil War the 13th, 14th and 15th
amendments to the Constitution promised African
Americans a level playing eld. The backlash
against Reconstruction put those promises on hold
for more than a century
by Eric Foner
DEFERRED
LIBRARY OF CONGRESS
DECEMBER 2015
43
Reconstruction, the turbulent period that followed the Civil War, is a crucial
but often misunderstood era of American history. Traditionally portrayed by historians as a sordid period when vindictive Radical Republicans fastened black supremacy upon the defeated Confederacy, Reconstruction has lately been viewed
more sympathetically, as a laudable attempt to build democracy on the ashes of
slavery. It was a time when the entire nation, but especially the South, sought to
come to terms with the consequences of emancipation.
Reconstruction witnessed sweeping changes
in American public life, among them three farreaching constitutional amendments. The 13th
Amendment, ratied in 1865, irrevocably abolished slavery throughout the country (and in so
doing, introduced the word slavery into the
Constitutionthe original document used circumlocutions such as other persons or individuals held to service or labor). The 14th,
ratied in 1868, established the principles of
birthright citizenship and equality before the
law regardless of race. The 15th, ratied in 1870,
prohibited states from barring Americans from
voting because of race. These amendments did
more than simply change the Constitution. They
amounted to what some historians call a second founding, a fundamental redenition of the
rights of all Americans and of relations between
the federal government and the states. As one
commentator wrote, they transformed a constitution for white men into one for mankind.
To understand how these freedom amendments sought to fundamentally reshape
American society, one must recall the status of
African Americans on the eve of the Civil War.
Nearly 4 million were slaves, deprived of all
personal and civic rights. Protections for slav44
A M E R I C A N H I S TO RY
ery were embedded in the Constitution. Slavery was an economically thriving institution
that had a stranglehold on the political system
and warped the denition of American nationality, giving it a powerful racial overtone.
Even though some half-million free blacks
lived in the country in 1860, no state, North or
South, afforded them complete equality before
the law. In the Dred Scott decision of 1857, the
Supreme Court stated explicitly that no black
people, slave or free, could be citizens of the
United States, even if their ancestors had been
here for generations. African Americans had
no rights which the white man was bound to
respect, according to Chief Justice Roger B.
Taney. An alternative point of view did exist,
a concept of citizenship severed from race. It
was advocated by the abolitionist movement,
which insisted not only that the slaves should
be emancipated but that they should be incorporated as equal members of society. Except
for a few Northern enclaves, however, the abolitionists were a despised minority.
What put the question of black citizenship
on the national agenda was the destruction of
slavery during the Civil War, and, more specically, the service of 180,000 black men in the
LIBRARY OF CONGRESS
A Baltimore parade
to mark ratication of
the 15th Amendment
in 1870 is at the
center of a print
that celebrates new
freedoms for African
Americans.
45
Picturing RECONSTRUCTION
Black caricatures lled
cartoon depictions of
the Reconstruction-era
South. Here, Massa
White is forced to
work his land while his
former slaves move on.
46
A M E R I C A N H I S TO RY
DECEMBER 2015
47
in court, sue and be sued and be protected against invidious discrimination by public authorities and under state laws, like the Black Codes, and
local customs. The law said nothing about the right to vote, then still a
highly controversial issue. (At the time only ve Northern states allowed
black men to vote on the same basis as whites.)
Of course, a law can be repealed, so the Republican majority put
these principles into the Constitution with the 14th Amendment, the
most important single change to that document since the Bill of Rights.
The amendment guaranteed birthright citizenship and equality before
the law, and it prohibited the states from depriving any person of liberty. The language is vague, intentionally so. Unlike the Civil Rights Act,
the amendment does not list specic rights. It is a statement of general
principle, leaving it to Congress and the courts to work out the meaning
of equality and liberty.
The idea that all Americans should enjoy the same legal rights is so
ingrained today that we may fail to realize what a radical departure it
was when Congress approved the 14th Amendment in 1866. The word
equal is not in the original Constitution (except regarding states having the same number of senators). The 14th Amendment says noth-
Josiah Thomas
Walls, a former
slave and Union
Army veteran,
was elected to
Congress from
Florida in 1870.
He was the last
African American
to represent
Florida until 1992.
The Military
Reconstruction Acts
of 1867 enabled
black men in the
South to vote for the
rst time. As former
Confederates regained
political power, black
voting rights were
taken away.
DECEMBER 2015
49
A period cartoon
mocks the
recalcitrance of
Southern whites.
lence in the South and to overturn discriminatory state laws and local practices. In the 20th
and 21st centuries, the Supreme Court has
gradually used the 14th Amendment to incorporate the Bill of Rightsthat is, to require
the states as well as the federal government to
abide by provisions of the rst 10 amendments.
As a result, when aggrieved groups seek legal
protection for their rights against violations by
local authorities, they can appeal to the federal
courts. This would be impossible without the
Reconstruction amendments.
Even before the ratication of the 15th
Amendment, Congress in 1867 extended the
right to vote to black men in the South, inaugurating the period of Radical Reconstruction.
New governments, dominated by the Republican Party, came to power throughout the South,
with black men for the rst time in American
history voting in large numbers and holding
public office. These governments created the
50
A M E R I C A N H I S TO RY
RADICAL REPUBLICAN
On January 22, 1861, Ohio congressman, lawyer and lifelong abolitionist
John Bingham argued against the slave states attempt to amend the
Constitution to protect forever the practice of owning humans: With
uplifted hand, I deny that any State of this Unioncan rightfully deprive
any citizen of his guarantied [sic] privileges. And I further deny, in the
name of the American people, that any State can rightfully let loose in
our midst the demon of discord, to breathe upon us from his shriveled
lips famine, pestilence and death, to blast our elds, and dele our
hearths and altars with the blood of fratricide.
After the Civil War, Bingham served on the Joint Committee on
Reconstruction that documented the pervasive abuse of Unionists
and blacks in the South by unrepentant Rebels. He saw a need for a
constitutional amendment to empower the federal government to
protect the basic rights of citizens against abuses by state authorities.
You must amend the Constitution. It cannot be otherwise, said
Bingham in a February 28, 1866, speech. Restore those States with a
majority of rebels to political power, and they will cast their ballots to
exclude from the protection of the laws every man who bore arms in
defense of the Government. The loyal minority of white citizens and
the disfranchised colored citizens will be utterly powerless. There is no
efcient remedy for it without an amendment to your Constitution. A
civil action is no remedy for a great public wrong and crime.
With Binghams help the Reconstruction committee drafted the
14th Amendment: No state shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United States;
nor shall any state deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws. Bingham
borrowed the concepts of due process and equal
protection of the laws from the Magna Carta, and
by substituting person for man, he gave
the proposed amendment power to redress
far more than just racial discrimination.
Despite opposition from President Andrew
Johnson, the amendment passed Congress and
was sent to the states on June 13, 1866;
it was ratied July 9, 1868.
Sarah Richardson
In addition to his
work on the 14th
Amendment, John
Bingham was
a special judge
advocate in the
trial of the Lincoln
assassination
conspirators.
On June 21, 1917, Lucy Burns of Brooklyn and Katharine Morey of Boston were
arrested in front of the White House. Their crime? Obstructing traffic. They had
stood on the Pennsylvania Avenue sidewalk with a banner imploring President
Woodrow Wilson to take action. Two months after America declared war on Germany, picketing the White House seemed disloyal to an awful lot of people, perhaps even treasonous. The two women stood silently, yet their banner mocked
Wilsons April call to make the world safe for democracy; Burns and Morey
thought democracy should begin at home. They wanted the most fundamental
right accorded citizens in a democracy: the right to vote.
53
54
A M E R I C A N H I S TO RY
A crowd closes in
on White House
pickets in 1917.
Bemused curiosity
sometimes gave
way to violent
confrontation as
mobs physically
attacked the
suffragists and
shredded their
banners.
DECEMBER 2015
55
British suffragettes
used graphic
depictions of their
treatment in prison
to sway public
opinion and force
the government to
change tactics.
A M E R I C A N H I S TO RY
Even so, many people couldnt gure out why Paul was so focused
on the president, who plays no formal role in amending the Constitution. An amendment passed by Congress moves directly to the states for
ratication. But Pauls political science training led her to believe that
the president could compel his party, which controlled both the Senate
and the House in 1917, to pass a suffrage amendment. She aimed at converting him to her cause; thus far, Woodrow Wilson had expressed only
his exasperation with the NWP. He was among those who dismissed
the silent sentinels who rst appeared at the White House gates on
January 10, 1917, tipping his hat to the ladies as his automobile drove
through the gates or ignoring them altogether.
DECEMBER 2015
57
Suffrage in
Black and
White
Privileged white women had dominated
the suffrage movement since its inception.
Educated and free from paid work, they
volunteered for reform efforts like suffrage,
which they described as municipal
housekeeping, an extension of womans
natural role. The labor strife and union
organizing of the early 1900s turned many
wage-earning women into suffragists, but
work or family commitments limited their
participation.
The 1917 arrests of the White House
pickets left members of the National Womans
Party with painful decisions. Women with
social status drew the line at going to jail,
and some resigned from the NWP. Black
women could not risk jeopardizing hardwon reputations for probity. Even women
willing to face arrest were sometimes forced
to withdraw by their families or employers.
They have told me thatI must resign from
here rst, unless I can guarantee that I [wont]
be arrested and have to spend Monday or
maybe longer away from the ofce, said
Pennsylvania suffragist Elizabeth McShane.
Aint it erce?
African-American women had largely been
discouraged from participating in suffrage
organizations. The National American Woman
Suffrage Association bowed to the sentiments
of Southern suffragists and excluded blacks,
who responded by organizing groups like the
National Association of Colored Women to
work for suffrage as well as racial equality.
The Quaker Alice Paul initially welcomed
black womens participation in the NWP,
but she soon acquiesced to the argument
that it endangered the suffrage cause.
Some Northern chapters of NAWSA and
the NWP accepted black members, and
Carrie Chapman Catt and Paul kept open
lines of communication with black leaders.
But suffrage was mostly considered a white
womans movement. The modern feminist
movement has also been criticized for failing
to sufciently include minority women and
their concerns.
J.D. Zahniser
58
A M E R I C A N H I S TO RY
should be arrested. The banner she carried bore more of Wilsons own
wartime words: The time has come to conquer or submit. For us there
can be no other choice. She was sentenced to seven months in jail.
Wilson, under increasing pressure, had ordered two investigations of
jail conditions by the time of Alice Pauls incarceration. He also acceded
to an attempt by D.C. commissioners to get Paul committed to an asylum.
That effort was stymied only by the refusal of one physician to judge Paul
insane. The dozens of women jailed alongside Paul joined her in a hunger
strike; as in England, forced feeding became the governments response.
After the press instituted a deathwatch on the frail NWP leader, Wilson
nally threw up his hands and ordered all the suffrage prisoners released
just before Thanksgiving 1917. Six weeks later, he declared his support for
a federal suffrage amendment. The end was in sight.
More persuasion and demonstrations became necessary before the
19th Amendment nally passed Congress in June 1919. By that time, women
in 24 stateshalf the countryhad won suffrage. Womens contributions
to the war effort, including working in factories, running farms and serv-
Above: Marchers
at a 1976 ERA
rally in Springeld,
Ill., pay tribute to
Paul, then 91 and
in failing health.
Below: Paul in
1970, age 85.
59
In Pursuit of
JUSTICE
10 Supreme Court decisions
that dened civil rights
The Supreme Court of the United States is a living, breathing, changing entity, and it and the nation continue to evolve.
Any attempt to measure a court decisions importance will
depend on perspectivehistorical, political and social.
Also, to be fair, hindsight may be 20/20. Or, as Justice
Anthony Kennedy said in the recent 5-4 majority opinion
in Obergefell v. Hodges, The nature of injustice is that we
may not always see it in our own times. The generations
that wrote and ratied the Bill of Rights and the Fourteenth
Amendment did not presume to know the extent of freedom
in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy
liberty as we learn its meaning.
Here are 10 examples of Supreme Court decisions that
limited or strengthened basic civil rights.
MIDDLE: PRIVATE COLLECTION/PETER NEWARK AMERICAN PICTURES/BRIDGEMAN IMAGES; BOTTOM: PICTORIAL PRESS LTD/ALAMY
A segregated bus
station in Durham,
N.C., 44 years after
the Plessy decision.
FROM TOP: JACK DELANO/FARM SECURITY ADMINISTRATION/LIBRARY OF CONGRESS; CHRIS STEWART/SAN FRANCISCO CHRONICLE/CORBIS; KARL SCHUMACHER/THE LIFE IMAGES COLLECTION/GETTY IMAGES
*1 abstention
In 1890 Louisiana passed a law requiring separate train cars for black
passengers and white passengers. Homer Plessy, who was one-eighth
black, was imprisoned for sitting in the whites-only car. He argued that
his rights under the 13th Amendment (which abolished slavery) and 14th
Amendment (which overturned Dred Scott and provided equal protection for blacks) had been violated. The Supreme Court decided that separate facilities were ne as long as they were of equal quality. (In reality
the facilities provided for blacks were often inferior.)
Justice Henry Billings Brown wrote, We consider the underlying
fallacy of the plaintiffs argument to consist in the assumption that the
enforced separation of the two races stamps the colored race with a
badge of inferiority. If this be so, it is not by reason of anything found in
the act, but solely because the colored race chooses to put that construction upon it.
Korematsu
in 1987. The
courts 1944
decision has
been widely
condemned but
never ofcially
overturned.
v. Hardwick, 1986:
5-4 Bowers
States can make homosexual sex a crime
Michael Hardwick, who engaged in a consensual sex act with another
man in his home, was charged with violating a Georgia law that criminalized sodomy. He argued that the statute violated his fundamental rights
under the Constitution, but the court disagreed. The court also shut
down Hardwicks argument that there was no rational basis for the Georgia statute other than the presumed belief of a majority of the electorate in Georgia that homosexual sodomy is immoral and unacceptable,
as Justice Byron White put it in the majority opinion. White concluded,
The law, however, is constantly based on notions of morality, and if all
laws representing essentially moral choices are to be invalidated under
the Due Process Clause, the courts will be very busy indeed. In 2003, in
Lawrence v. Texas, the court overturned Bowers in a 6-3 decision.
61
62
A M E R I C A N H I S TO RY
pledge allegiance
The West Virginia Board of Education required all public school students to salute the ag; Jehovahs Witnesses who refused on religious
grounds were expelled. The Supreme Court decided that a compulsory
ag salute invades the sphere of intellect and spirit which it is the purpose of the First Amendment to our Constitution to reserve from all ofcial control.
Justice Robert Jackson wrote, If there is any xed star in our constitutional constellation, it is that no official, high or petty, can prescribe
what shall be orthodox in politics, nationalism, religion, or other matters
of opinion, or force citizens to confess by word or act their faith therein.
Along similar lines, in 1969 the court held by a 7-2 vote in Tinker v.
Des Moines that students First Amendment rights were violated when
their school prohibited them from wearing armbands to protest the Vietnam War.
v. Wainwright, 1963:
9-0 Gideon
States must provide attorneys
for defendants who cant afford them
After Clarence Gideon was charged in Florida
with breaking and entering, he asked the court
to appoint a lawyer for him because he couldnt
afford one. The court declined; Florida did so
only for capital offenses. Gideon was convicted and then challenged his conviction, arguing
that denying him an attorney violated his 14th
Clarence Gideon
Amendment rights. In a unanimous opinion
written by Justice Hugo Black, the court agreed
that Gideons right to due process was violated: Our state and national
constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble
ideal cannot be realized if the poor man charged with crime has to face
his accusers without a lawyer to assist him.
FROM TOP: BETTMANN/CORBIS; FRANCIS MILLER/THE LIFE PICTURE COLLECTION/GETTY IMAGES; MLADEN ANTONOV/AFP/GETTY IMAGES
v. Virginia, 1967:
9-0 Loving
States cant prohibit interracial marriage
A black woman and a white man who got married in the District of Columbia were arrested in Virginia for violating the states ban on interracial marriage. The trial judge, noting that God had placed the races
on separate continents because he did not intend for them to mix, gave
the couple a choice: Go to jail for a year or leave Virginia and not return
together for 25 years. The Lovings left but sued the state on the ground
that the ban violated their equal protection and due process rights. The
Supreme Court agreed.
Chief Justice Warren wrote, Marriage is one of the basic civil rights
of man.To deny this fundamental freedom on so unsupportable a
basis as the racial classications embodied in these statutes, classications so directly subversive of the principle of equality at the heart of
the Fourteenth Amendment, is surely to deprive all the States citizens
of liberty without due process of law.
v. Hodges, 2015:
5-4 Obergefell
Same-sex marriage is legal in all states
Four same-sex couples from different states took on the hodgepodge
of state laws governing marriage. The plaintiffs argued that state prohibitions against same-sex marriage violated the 14th Amendments
due process and equal protection clauses. The court recognized a fundamental right to marry, as it did in Loving, and said states cant deny
same sex-couples that right.
Especially against a long history of disapproval of their relationships, this denial to same-sex couples of the right to marry works a grave
and continuing harm, Justice Kennedy wrote. As the State itself makes
marriage all the more precious by the signicance it attaches to it, exclusion from that status has the effect of teaching that gays and lesbians
are unequal in important respects. It demeans gays and lesbians for the
State to lock them out of a central institution of the Nations society.
Freelance writer and editor Allison Torres Burtka has seen the Supreme
Court in action during oral arguments while reporting on court decisions.
Demonstrators gather at
the Supreme Court in April
2015 during arguments in
the Obergefell case.
DECEMBER 2015
63
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A Complex Fate: William L. Shirer and the American Century
By Ken Cuthbertson (McGill-Queens University Press)
William L. Shirer had a tumultuous but celebrated careerrst as a newspaper foreign correspondent, then as a pioneering radio broadcaster and, nally, as an authority on Europe. He
spent seven years reporting from Berlin, 1934 to 1941, getting a virtually unmatched look at the
rise of Nazi Germany.
As author Ken Cuthbertson explains in
his richly detailed biography A Complex Fate:
William L. Shirer and the American Century,
Shirer was a competitive and astute journalist
who suffered his share of career knocks, most
notably when he lost his high-prole position
as a CBS news commentator and later got unfairly labeled a communist sympathizer. He
went 12 years without a job before reviving his
fortunes, spectacularly, in 1960 when he produced his magnum opus, The Rise and Fall of
the Third Reich. It became a huge bestseller,
cemented Shirers legacyand enabled him to
keep writing until his death, at age 89, in 1993.
Born in Chicago in 1904, Shirer attended Coe College, where he was editor in chief
of the school newspaper. After graduation in
1925, he and friend worked their way to Europe
aboard a cattle ship. In France Shirer wangled
a job as a copyeditor with the English-language
Shirer (front)
records the fall
of France at
Compigne,
June 1940.
70
A M E R I C A N H I S TO RY
Paris edition of the Chicago Tribune and soon after was covering sporting events and celebrity doings on the continent. A front-page story on
Charles Lindberghs landing at Le Bourget Airport got him a promotion,
at age 23, to foreign correspondent for the Tribunes Foreign News Service. Thus began a life of gabardine trench coats and late-night trains.
Bespectacled, prematurely balding, and with his ever-present pipe
clenched between his teeth, Shirer lookedand sometimes actedmore
like an academic than a foreign correspondent, writes Cuthbertson. He
chased the news throughout Europe and beyondeven traveled to India
to report on Mahatma Gandhis efforts to win independence for that
country. The Tribune ran ads trumpeting Shirers scoops before the papers impetuous owner, Robert Colonel McCormick, sacked him for a
couple of minor mistakes. In 1934 the Hearst-owned Universal News
Service hired Shirer to run its Berlin bureauthe start of what he called
his nightmare years, a phrase that became the title of a 1980 book.
In 1937 Edward R. Murrow hired Shirer to help him start the CBS
News radio network in Europe. Shirer was the rst of the so-called
Murrow boysthough Murrow biographer A.M. Sperber has written
that the two men had a unique bond. Among all the CBS colleagues
with whom Murrow worked, Shirer, by dint of his distinguished newspaper career, was his only true peer. In live, shortwave broadcasts to
American listeners, Murrow and Shirer analyzed the Nazi takeovers of
Austria and Czechoslovakia, the invasion of Poland, the Munich crisis.
They built the foundation of CBS News, and in covering the war became stars. When the French surrendered at Compigne in 1940, Shirer
was there, sitting in a eld amid the generals, tapping out his broadcast
report on his trusty Royal.
Shirer returned to New York in 1941, wrote the bestselling Berlin
Diary and became a CBS commentator. He had a sizeable audience, but
by then he and Murrow had drifted apart. When Shirers sponsor, a soap
company, dropped his program in 1947, CBS chief William Paley red
Shirer; Murrow, a company vice president, went along with the decision. Shirer never forgave Murrow for the betrayal. He struggled to earn
a living for years before writing The Rise and Fall of the Third Reich,
followed by several other books, including a three-volume memoir. In a
eulogy after the writers death, historian James MacGregor Burns noted
that Shirer had chronicled some of the most splendid and the most
terrifying events of the [20th] century, and had shaped Americans
views of Hitler, Gandhi and other important historical gures who had
changed our world. For a journalist, you cant ask for more than that.
Richard Ernsberger Jr.
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Polk, a dark horse Democrat, is
the only president who also served
as speaker of the House, a position
in which he enforced a gag rule
that barred antislavery petitions to
Congress between 1836 and 1844.
As president Polk would tread a
ne line, balancing Northern interests by acquiring Oregon as a
free territory with Southern interests in gaining Texas as a slaveholding territory. Polk himself was
a lifelong slaveholder, although his
will stated that his slaves would be
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