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Jill Lepore

๐Ÿ‘ค Speaker
777 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #8: Jill Lepore

So, like, it's just a league.

99% Invisible
Constitution Breakdown #8: Jill Lepore

We are a confederacy.

99% Invisible
Constitution Breakdown #8: Jill Lepore

We are not a union.

99% Invisible
Constitution Breakdown #8: Jill Lepore

Right?

99% Invisible
Constitution Breakdown #8: Jill Lepore

Like, you already have that.

99% Invisible
Constitution Breakdown #8: Jill Lepore

So, I'm just musing now, like, over, like, when does...

99% Invisible
Constitution Breakdown #8: Jill Lepore

But like as a historian, it's clear that why Article 5 is kind of a dead letter before the Civil War is the only thing that really matters that people really care about constitutionally is slavery.

99% Invisible
Constitution Breakdown #8: Jill Lepore

And that cannot be addressed by Article 5.

99% Invisible
Constitution Breakdown #8: Jill Lepore

Not because the slave trade thing that is prohibited from Article 5 revision until 1808, but because there's just no way for three quarters of the states to agree on slavery.

99% Invisible
Constitution Breakdown #8: Jill Lepore

Like they barely agreed on it in 1787.

99% Invisible
Constitution Breakdown #8: Jill Lepore

So it's like you can't get the engine to turn over because the key, like it's all about slavery.

99% Invisible
Constitution Breakdown #8: Jill Lepore

Yeah.

99% Invisible
Constitution Breakdown #8: Jill Lepore

So the 13th Amendment, which is 1865, the 14th Amendment is 1868, and the 15th is 1870.

99% Invisible
Constitution Breakdown #8: Jill Lepore

Those are the dates of their ratification.

99% Invisible
Constitution Breakdown #8: Jill Lepore

So what the South said at the time, and what many Southerners, certainly Southern segregationists, said for decades was,

99% Invisible
Constitution Breakdown #8: Jill Lepore

is that, in fact, those are unconstitutional constitutional amendments because the South was not in Congress.

99% Invisible
Constitution Breakdown #8: Jill Lepore

So the 39th Congress that comes up with the 14th Amendment...

99% Invisible
Constitution Breakdown #8: Jill Lepore

it's only the union states that are there, or then there are elected delegates, representatives from the South.

99% Invisible
Constitution Breakdown #8: Jill Lepore

But since anyone who served in the Confederate military is disqualified from holding office, like the South would say those were carpetbaggers.

99% Invisible
Constitution Breakdown #8: Jill Lepore

And then in order to get back into the union and recognized as a state in the union country,