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Friday, March 17, 2023

John Bingham and the Fifteenth Amendment

Travis Crum has an excellent new draft paper on "The Unabridged Fifteenth Amendment." One reason that I like the paper and the topic is that John Bingham is accurately depicted as a Radical Republican. 

Bingham is often described as a moderate. This is wrong, as I tried to show in my book about him. He was a formalist, which in a certain sense is moderate. But the formalist positions that Bingham took were radical under any reasonable definition of that term. With respect to the Fifteenth Amendment, Professor Crum shows that Bingham consistently took the broadest view of what the Fifteenth Amendment should include. (I talked about this somewhat in my book, but "The Unabridged Fifteenth Amendment" does a far better job.) Bingham lost that debate, but he lost on the radical side.

Posted by Gerard Magliocca on March 17, 2023 at 09:48 AM | Permalink


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