JOURNAL ARTICLE

An End to Rebel "Punishment": The Test Oath Cases and the Constitutional Politics of Confederate Disqualification.

  • Published In: Journal of Supreme Court History, 2024, v. 49, n. 3. P. 240 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Ishitani, M. Henry 3 of 3

Abstract

The article discusses the leaked Test Oath Cases of 1866, where the Supreme Court was divided over the constitutionality of disqualifying ex-Confederates from officeholding and voting. The leak revealed Chief Justice Chase's concerns about a conspiracy at the Court and prompted a broader discussion on the political implications of disqualifications. The Court's decision, led by Justice Field, deemed disqualifications as unconstitutional punishment, leading to political turmoil and challenges to Reconstruction efforts. The consequences of the decision included a weakening of disqualification regimes, a shift in public opinion, and the rise of the Lost Cause narrative. [Extracted from the article]

Additional Information

  • Source:Journal of Supreme Court History. 2024/09, Vol. 49, Issue 3, p240
  • Document Type:Article
  • Subject Area:Politics and Government
  • Publication Date:2024
  • ISSN:1059-4329
  • DOI:10.1353/sch.2024.a943497
  • Accession Number:181416035
  • Copyright Statement:Copyright of Journal of Supreme Court History is the property of Johns Hopkins University Press and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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