A radical reconstruction of the founders’ debate over slavery and the Constitution.
Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. Some historians have charged that slaveholders actually enshrined human bondage at the nation’s founding. The acclaimed political historian Sean Wilentz shares the dismay but sees the Constitution and slavery differently. Although the proslavery side won important concessions, he asserts, antislavery impulses also influenced the framers’ work. Far from covering up a crime against humanity, the Constitution restricted slavery’s legitimacy under the new national government. In time, that limitation would open the way for the creation of an antislavery politics that led to Southern secession, the Civil War, and Emancipation.
Wilentz’s controversial and timely reconsideration upends orthodox views of the Constitution. He describes the document as a tortured paradox that abided slavery without legitimizing it. This paradox lay behind the great political battles that fractured the nation over the next seventy years. As Southern Fire-eaters invented a proslavery version of the Constitution, antislavery advocates, including Abraham Lincoln and Frederick Douglass, proclaimed antislavery versions based on the framers’ refusal to validate what they called “property in man.”
No Property in Man invites fresh debate about the political and legal struggles over slavery that began during the Revolution and concluded with the Confederacy’s defeat. It drives straight to the heart of the most contentious and enduring issue in all of American history.
“Wilentz brings a lifetime of learning and a mastery of political history to this brilliant book.”
—David W. Blight, author of Frederick Douglass
A New York Times Book Review Editors’ Choice
A Foreign Affairs Best Book of the Year
Americans revere the Constitution even as they argue fiercely over its original toleration of slavery. In this essential reconsideration of the creation and legacy of our nation’s founding document, Sean Wilentz reveals the tortured compromises that led the Founders to abide slavery without legitimizing it, a deliberate ambiguity that fractured the nation seventy years later. Contesting the Southern proslavery version of the Constitution, Abraham Lincoln and Frederick Douglass pointed to the framers’ refusal to validate what they called “property in man.” No Property in Man has opened a fresh debate about the political and legal struggles over slavery that began during the Revolution and concluded with the Civil War. It drives straight to the heart of the single most contentious issue in all of American history.
“Revealing and passionately argued…[Wilentz] insists that because the framers did not sanction slavery as a matter of principle, the antislavery legacy of the Constitution has been…‘misconstrued’ for over 200 years.”
—Khalil Gibran Muhammad, New York Times
“Wilentz’s careful and insightful analysis helps us understand how Americans who hated slavery, such as Abraham Lincoln and Frederick Douglass, could come to see the Constitution as an ally in their struggle.”
—Eric Foner
“Curtis effectively settles a serious legal debate: whether the framers of the 14th Amendment intended to incorporate the Bill of Rights guarantees and thereby inhibit state action. Taking on a formidable array of constitutional scholars, . . . he rebuts their argument with vigor and effectiveness, conclusively demonstrating the legitimacy of the incorporation thesis. . . . A bold, forcefully argued, important study.”—Library Journal
The real story behind the Nushawn Williams case: media distortions, judicial contortions, ruined lives
In the fall of 1997, public authorities in Chautauqua County, New York, were granted an exception to the state’s HIV confidentiality law—and released Nushawn Williams’s name and picture to the press, deeming him a “public health threat,” the source of a “near epidemic” of HIV transmission. Williams, who is HIV-positive, had unprotected sex with many young women and girls and infected at least nine of them.
In Notorious H.I.V. Thomas Shevory sorts through the ensuing media panic and legal imbroglio to tell the story behind the Nushawn Williams case. Through media reports, legal documents, and interviews with many of the participants—including Williams, who eventually pled guilty to reckless endangerment and statutory rape charges and is currently serving time in a maximum security prison in New York—Shevory exposes the significant exaggerations, misunderstandings, and distortions that riddled the Williams case from the start. He contends that Williams’s portrayal as an “AIDS monster” served political purposes; specifically, representations of Williams helped to foster the passage of HIV-transmission statutes, resulting in criminalizing a public health problem in a virtually unprecedented fashion.Notorious H.I.V. also traces the impact of such high-profile cases on communities. Shevory provides a nuanced portrait of the hard economic and cultural realities of Jamestown, New York, and, drawing on Williams’s narratives, of the life of a lower-level drug dealer in a small upstate city. His work shows how media coverage robs individuals like Williams of their humanity, creating a pervasive atmosphere of threat that warps the integrity and fairness of the criminal justice and penal system.READERS
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