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Reviewed by Jamie Michele for Readers' Favorite
Fixing the Framers' Failure by Robert James McWhirter details how the U.S. Constitution originally embedded protections for slavery and how the 13th, 14th, and 15th Amendments attempted to undo that foundation. McWhirter shows how Lincoln redefined the Constitution’s meaning during the Civil War to align it with the Declaration of Independence's ideals. He closely examines the 13th Amendment's criminal punishment clause, Reconstruction’s legal reforms, the violent backlash from Southern states, and Congress’s struggle to enforce new rights. The book follows the 14th Amendment’s evolution from its drafting by John Bingham through its weakening by courts and its revival in civil rights cases. McWhirter traces the 15th Amendment’s troubled enforcement, voter suppression, and its modern echoes in decisions like Shelby County v. Holder, arguing these amendments constitute America’s “new birth of freedom.”
Fixing the Framers' Failure: The 13th, 14th, 15th Amendment and America's New Birth of Freedom by Robert James McWhirter is an exceptionally well-written and informative chronology of how post-Civil War legal and historical forces shaped the trajectory of racial justice in the United States. McWhirter is thorough in his explanation of areas such as how Reconstruction's constitutional amendments were systematically undercut by judicial decisions and academic interpretations that promoted the “Lost Cause” narrative. He includes a massive number of references. I thought the most interesting was McWhirter’s treatment of the Fourteenth Amendment, and his drawing of important connections to cases like Dred Scott, Slaughter-House, and Cruikshank. The work is exhaustively researched and clearly articulated; both accessible to readers who are not as well-versed in the Amendments, and with enough teeth for those who are. Overall, McWhirter’s analysis is brilliant and timely. Very highly recommended.