by Bruce Ackerman
The Civil Rights Revolution carries Bruce Ackerman's
sweeping reinterpretation of constitutional history into the era beginning with
Brown v. Board of Education. From Rosa Parks's courageous defiance, to Martin
Luther King's resounding cadences in "I Have a Dream," to Lyndon
Johnson's leadership of Congress, to the Supreme Court's decisions redefining
the meaning of equality, the movement to end racial discrimination decisively
changed our understanding of the Constitution.
Ackerman anchors his discussion in the landmark
statutes of the 1960s: the Civil Rights Act of 1964, the Voting Rights Act of
1965, and the Fair Housing Act of 1968. Challenging conventional legal analysis
and arguing instead that constitutional politics won the day, he describes the
complex interactions among branches of government--and also between government
and the ordinary people who participated in the struggle. He showcases leaders
such as Everett Dirksen, Hubert Humphrey, and Richard Nixon who insisted on
real change, not just formal equality, for blacks and other minorities.
The civil rights revolution transformed the
Constitution, but not through judicial activism or Article V amendments. The
breakthrough was the passage of laws that ended the institutionalized
humiliations of Jim Crow and ensured equal rights at work, in schools, and in
the voting booth. This legislation gained congressional approval only because
of the mobilized support of the American people--and their principles deserve a
central place in the nation's history. Ackerman's arguments are especially
important at a time when the Roberts Court is actively undermining major
achievements of America's Second Reconstruction.