Tues, 9/30/14 Black Codes Read the handout regarding the Black Codes and answer the questions. (1) How would you feel being compelled to follow these rules? (2) What kind of society or community is this establishing?

Essential Learning Questions Was Reconstruction an “unfinished revolution?” What were the freedoms African-Americans gained during Reconstruction? What were the different plans for Reconstruction? How did life in the South change during Reconstruction?

SLO - Students will understand an expansion of the phrase "All Men Are Created Equal" from the Declaration of Independence, relating to the different plans for Reconstruction, especially Congressional Reconstruction: (1) freedoms secured for African Americans, including the 14th Amendment, and (2) military districts established in the American South.

President Lincoln’s “Ten Percent Plan” Pardoned all Southerners taking an oath pledging loyalty to the Union and support for emancipation, except high-ranking military officers. As soon as 10% of a state’s voters took the oath, the state could … Could call a state convention Establish a new state government Apply for congressional recognition

Wade-Davis Bill (1864) Moderate Republicans’ plan to do the following: Majority of Southerners in each state needed to take an oath of loyalty to the Union in order for the state to reorganize and hold a state convention. All delegates to state conventions needed to take an “iron-clad” oath affirming they did not fight against the Union, nor support the Confederacy Each state would have to abolish slavery and reject all Confederate government debts

President Johnson’s Plans 10% loyalty oath by a Southern state’s population, in order to hold a state convention, establish a new government, and apply for Congressional recognition. Pardoned all Southerners taking an oath of loyalty to the Union, except high-ranking Confederate government leaders, officers in Confederate Army, and Southern property owners over $20,000 in property value. Anyone could apply for a pardon individually.

President Johnson vs. President Lincoln Gave confiscated land back to southern white landowners and pardoned them for participating in the War. Ordered plantations returned to their original owners and took lands that were to be given to slaves. Vetoed the Civil Rights Act of 1866. It passed despite his veto. Tried to block passage of the Fourteenth Amendment. Johnson allowed Southerners to reorganize their own local and state governments as they wished, not worrying about Black Codes. President Lincoln Believed in complete political justice for African-Americans, and wanted all Blacks placed on voting roles instantly.  He said that the vote would be their, "only protection." Created the Freedmen's Bureau. Wanted to see normal governments established in the South as soon as possible but did want citizens to take an oath of allegiance.

Transition from Presidential to Congressional Reconstruction The New Orleans Massacre and the Beginning of Congressional Reconstruction: http://www.lizcollinshistoryclasses.com/reconstruction.html How did the New Orleans Massacre change the Reconstruction Era?

Radical Republican’s Plans Major objectives: (1) Prevent former Confederate leaders from gaining leadership of American South again. (2) Help African Americans gain right to vote (already freed) (3) Establish equality in American South, including property This last objective was not achieved.

Radical Republican’s Plans (continued) Civil Rights Act of 1866 Granted citizenship to all Americans born in the U.S., except Native Americans African Americans can own property and have to be treated equally in a court of law ** President Johnson vetoes bill ** First time in nation’s history the president is “over-ridden” on a vote by Congress.

Radical Republican’s Plans (continued) 14th Amendment (pg. 69) Citizenship Clause: “All persons born … are citizens of the United States and of the State wherein they reside …” African Americans cannot be denied citizenship rights Native American citizenship? Privileges or Immunities Clause: “…No State shall make or enforce any law which shall abridge the privileges or immunities …” National privileges, Bill of Rights

Radical Republican’s Plans (continued) 14th Amendment (pg. 69) Due Process Clause: “…nor shall any State deprive any person or life, liberty, or property, without due process of law…” "[w]ithout doubt...denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.“ Maximum hour work weeks, as in “freedom of contracts” Minimum wage laws, again as in “freedom of contracts” Privacy laws, such as Roe v. Wade and birth control

Radical Republican’s Plans (continued) 14th Amendment (pg. 69) Equal Protection Clause: “…nor deny to any person within its jurisdiction the equal protection of the laws.” Plessy v. Ferguson (1896) – “separate but equal” principle Brown v. Board of Education (1954) Affirmative Action principle, such as racial quotas for universities Gender discrimination

Radical Republican’s Plans (continued) Military Districts American South is divided into five military districts with Union soldiers stationed in the American South 15th Amendment Guaranteeing the right to vote for all males, as the right to vote “shall not be denied … on account of race, color, or previous condition of servitude.” Objective of land redistribution was not accomplished.

Questions for Discussion (1) What were the different plans for Reconstruction? (2) Why did President Johnson clash with the Radical Republicans over the Reconstruction of the American South? (3) Given President Lincoln’s assassination, did this event save the president from a more tarnished presidential legacy?