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Federalism and Black Popular Constitutionalism

Sean Beienburg and Benjamin B. Johnson write that the widely criticized Civil Rights Cases of 1883 reflected the elite idea that federalism in the context of Black Americans’ rights would be respected as long as the federal government protected Black Americans’ civil rights and that Black Americans would use their political power to protect their rights at the state level. The authors contend that “Black voters and activists held up their end of the deal.” Read more here.