Pursuing Equal Protection: The Reconstruction Amendments and the Ongoing Struggle for Justice

Consider the Constitution

In this episode of Consider the Constitution, recorded close to the 2024 Juneteenth federal holiday commemorating the end of slavery, host Dr. Katie Crawford-Lackey interviews Dr. DeAnza Cook about the Reconstruction Amendments (13th, 14th, and 15th) and their impact on the American justice system. Dr. Cook explains how the 13th Amendment abolished slavery but left a loophole allowing involuntary servitude as punishment for a crime. This led to the disproportionate criminalization and incarceration of Black Americans during the Reconstruction era and beyond.
The 14th and 15th Amendments aimed to address citizenship and voting rights for African Americans, but racial discrimination persisted. Black activists leveraged these amendments to challenge racist policing and punishment practices through the courts, protests, and self-defense. However, mass incarceration, which began in the late 20th century, continues to disproportionately affect people of color.
Dr. Cook introduces the concept of "abolition democracy," which argues that the abolition of slavery was not enough to secure the rights and freedoms promised to Black Americans. She emphasizes the importance of restoring voting rights for those serving felony convictions and addressing de facto disenfranchisement in jails.
The episode underscores the ongoing struggle for equal protection under the law and the need for collective action to pursue a more just and inclusive democracy, particularly as we reflect on the significance of Juneteenth.