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Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr.
Slavery, Free Blacks And Citizenship, Henry L. Chambers, Jr.
Law Faculty Publications
Reconstruction Amendments says about the nature of American citizenship. The essay is organized as follows. Part I of the essay explores citizenship and membership by discussing belonging-based citizenship and rights-based citizenship. Part II describes how American and African American citizenship were constructed prior to the passage of the Reconstruction Amendments. Part III notes a few cases to explain how the Reconstruction Amendment's jurisprudence has developed in the wake of Dred Scott v. Sandford' and possibly led to a tilt toward a rights-based citizenship rather than a somewhat more robust belonging-based citizenship.