Blockchain Papers

Naomi Greene

Memories of the Cold War are virtually inseparable from those of several trials and Congressional hearings that took place around 1950. Following one another in rapid succession, all reflected, and fueled, what has been called the Great Fear of the era. But concerns and targets varied. Some—like the trials of Alger Hiss (l950) and of Julius and Ethel Rosenberg (l951)—were focused on spies and spying; others—like the hearings launched in the late 1940s by HUAC (the House Committee on Un-American Activities) and those held by the Tydings Committee (1951)—were designed to root out subversion in worlds as diverse as those of entertainment and the State Department. In a somewhat different vein, the Congressional hearings led in 1950–1951 by Senator Estes Kefauver of Tennessee were charged with investigating the role of organized crime in America. Speaking of the gangsters who paraded before Kefauver and his committee, in a vivid passage Eric F. Goldman writes that the televised hearings, with their parade of endless “shadowy figures that obviously controlled so much, catalyzed the whole vague feeling that corruption was moving through all American life like a swarm of maggots.”1 This article would like to explore still another trial of the era that, like the Kefauver hearings, was haunted by the threat of gangsters and of moral corruption. In this case, the principal defendant was a thirty-eight year old Jewish New York attorney, Irwin Slater, who, in 1950, was accused of what was popularly known as “baby-selling” or “black market baby racketeering.” Indicted along with Slater were two Jewish colleagues: Harry Wolfson, a fellow attorney and friend, and Bess Bernard, a homemaker who had served for twelve years as executive director of the Hebrew Kindergarten and Infants Home in Queens. On December 4, 1949, the three became the first persons to be indicted under a New York State law mandating that only parents or legal guardians could “place out” babies for adoption. The charges against them included conspiracy, the illegal or “unauthorized” placement of children, and receiving compensation for such placements. By the end of the trial that took place six months later, Slater had been found guilty on two counts of illegal placements and on one count of receiving compensation. Bess Bernard was convicted on similar grounds, while Harry Wolfson (who worked on legal papers for Slater and never handled the babies who were “placed out”) was acquitted on all counts. Unlike the Kefauver hearings—or the other famous trials and hearings of the era—the Slater case has receded into the darkest corners of the past. However, it deserves to be revisited for in its way, it, too—to borrow a term that Cold War historian Ellen Schrecker applies to the trials of Alger Hiss and the Rosenbergs—was “iconic” of an important constellation or cluster of fears and beliefs.2 Set in the fraught landscape of adoption, it revealed how deeply this landscape—like so many aspects of life at mid-century—was infected by the paranoia and heated religious passions of the era. Deeply imbued with tensions between Catholics and Jews, it pointed to the contrasting images and roles assigned to these two religious minorities in the postwar era. In terms of Catholics, it suggested the power of the to and as as religious as were it revealed how and the of and the of In so the HUAC it a of a by In a a at the of the Cold that, War paranoia had as one of its called the “iconic” of the as as the of that around it, in from a of it was only that and it was that his of babies who were of with parents who were This an on the of his Jewish that while babies were the of Jewish babies principal of babies for that were never Jewish babies to the for Ellen in a of in the were Jewish to had Jewish by a of to historian that while Jewish parents to a through Jewish for of a in the with a of out of to were the first to the that would to Jews, an Slater, or like would been to at But his In this of his to in the of and to been the law suggested that it was to place with it a that it that be with parents of their But such placements were legal or were out of with the of the the and paranoia of the had to their in as the to its as a the and had would be a a the were from the somewhat in terms of had been to these the in Ellen that was the only out for by in the late and only to place babies and with were along religious In New York religious were so that a of would be to or the that a of the Jewish were from the of in from the by to the religious and at in the of adoption. was still another to the of for Catholics his from the in On the in their Slater was from the of the of to Ellen that such tensions between Catholics and In of Jewish babies and the by Jewish were that were as important in such tensions as Catholics and had different on a of tensions between the two were in New York for and But it that the to its on babies and was by one to them be from been to babies to them be from This was so that it important the of babies and and in a to an of of for was it was for to in to them to The to all the been the important in was a of the who first the and to it was of by that the of had to the But the to its on babies in a The on by would been were it for the months before mandating that only parents or legal guardians had the to “place out” these in were the of an for or that was with in the years War the religious adoption, it into a for that held that parents and as as this it was could be into place only by such as and of baby like to be The for that the postwar era were it as as the that only who was for adoption. this a passage from the first The was in at what would a of it for parents to a to and them a or to a baby from the in was under the of for a to the baby and and had the for in the that could by the of that for a of and in the postwar In this the that were and the of were from and found on their as as the of babies who were out for adoption. in a New the by that in along with the of babies a in this in to what the between and that the baby Ellen that in the the to as the role the by to the and of the the became only the of American and a a to against the of it a and to this the of from to the postwar for In this the the of the as those against and it, was on and in and the took and the these to and in the to of and of the of of and for babies that had been all of of babies with and that to the that in the that of babies who in the of the or article in the New York in of was that babies out to be or or with the of babies still another designed to the of This it was an that would a on that of the baby as the had it, the “black market baby the of were for by and or by and in the of all the that the of were a of moral one of the gangsters who paraded before Kefauver and his and who haunted the of the era. one had it, were who in on the of and the of on case of baby as the to be in the baby that in New York to be the and baby of in babies at The of was such that the who had in the were into the of the be their of as an article in the that for babies who out to or or was the between gangsters and baby in a by a known for and the was by a article with the that had been the in Home the was in in the of the the that many of the of in were out by or at this to for In the the by to the of a who, with an on the has the of a that to their babies to the the of his to an the baby had them his in the of a and who, as the to a a on the for to adoption. The of the for of at the of the for along with their for many a for to be into place by by with the of the of and in as could out the of could that babies were as as still that parents and as as In this of so by But so were other such as and and could for a baby with and to the with adoption, this for adoption, to borrow a term from Ellen to what as a designed that was so that it became a against all were was never as on to that the in or was it as late as were still of But to those who for was only the the of had the to and and it with images of the American at the In an era it as that the in could be known and in a or it or was in it held out the that would be New York the place for a to his In this like those by Slater had to be only the of the by the the and the of the American By 1949, the year of the fears market as for a of On of that an article in the New York by that the “black market in babies so that and called for by the State to the in later, the New York a a of were who had babies that as a of months later, in the New York a of in to the by of the that such while babies had been with parents who out to be and still other babies were could only with the of one to their to for an baby who was with these and with for the New York took years of it with a designed to what was as the market in by in of 1949, it principal only could for a only and legal guardians could place had to be before a all had to be to the State of one would that the the in it to a case against Slater and his six months the was Slater, along with Bess Bernard and Harry Wolfson, was months later, on December 1949, became the first indicted on charges from the that with the illegal placement of babies were legal and with receiving compensation for such In of the fears and passions the of what was called “black market baby it that Slater and the were indicted the the of all of what were New many it that the case fears of and of of and the “black as in York In several of the or “black market baby and on the fears for that were the The it important the trial of Alger The it a on the of to the in the of The it took the The by the their was a that, in one the of the case by the in attorney by what a a case to the or by the for the of the of was a it the of its that had Slater, Bernard and Wolfson were of a of organized charged that were in on an with Slater in of Wolfson as his and Bernard in of placement and of the of this the case against that Slater would by in place a for it the placement of in such as The and the as as the Jewish these and were to their babies Slater would a with would for their and as as for in for would their babies to would the babies to or to for a that was in would the babies to their who were in the New York as an and or for legal the that would to Slater at the that the of his the of the this was in a in had a The article to the in the of the that included of and of the who would the case in a with the of with to of the charges against by and the article was in a crime to on several it and and as it indicted Slater by The from a that its through the a had to the the the of the with that of the baby it in the called Slater to the of the by in famous a and in babies to by on who and in the of New entertainment them into his them into their this his for as the in case to the to as a that Harry was in on a the with and through with and a of by and with a for the But and between Slater and his Harry in had a for his for the of the case against Slater, that the of his never the or a of what at that the parents for a a for an of their and religious that the who handled these for to at a of of the in between the and the By the the of Harry his that of By the end of the the and the one and the By the between the and the Slater with the of a this a still at the of his one of In a a of baby that, like Slater, babies from to the New York this with in from different to a in the at and babies by to by a of and New in several to the that the of would the case was in it that Slater had been in the of before the trial the it the of diverse and against the of the to the role of a and its with a to at all the assigned to the in the In of all these it all the that in all Slater would been indicted and were it for the of a that to the role by the in a for role by and tensions between Catholics and was the the in New it was a of the a and with a in and the who worked as the executive in of and of in the of had to Slater and only was babies with of on a was obviously on as and in their on the of the was in to the important role in the only the a role as it took its the in New York to for the to the between the and the or the in it the between and it was to that had the of in the of York to a that the case, and the papers found in the in role in the in a On 1949, an known as later, as who had baby to Slater, the in to that for old while was in the had a for that included for and that the had with it to the at them the with and in New York that had Slater, had to that was an attorney from New York who to place with of In of the that virtually launched the one would to the that at for a from with Slater as had to to to the had through and in the obviously for But or led to with Slater to the at had a that the of and into a with a to an end to Slater and his to to a with on 1949, another of a by the of to Slater in to the that had had with Slater to In to was Slater suggested baby to that to the to to to out on this But it that for several one the was for was a of would be at his the of was in the But in the case that this was into on several a that would the by a to the New York of in them to the case with the the through of other who were in with out the and of in and an that Slater had in a The Jewish In the of the of the case took a that with the of the in New the are with and from as as of with or how their that the of through the of and to But it it that by of a in a with executive of the of had to a the in could a or one had an for to the of a or that of a to the was obviously on by a of the of babies with Jewish with and to what as for the of a at the a baby as that of was to its parents as and the that the a a had it with an was with with like a Jewish first The first Jewish and that be to out baby this that with or with the of the the that only was in a to of in that could the case the were against Slater and his to had to on that only their in could that the the or had an role in the babies out for adoption. it in a had to be in the handled the of the and controlled the of the In with this in a on to to the case of would important at the to all the through to the in the of all the Slater, and role was so in that at it as the in New were in of the the in one to before with the The to the so are on that for the In still for the and of a baby so could a of obviously took in and in with the one as the of a to by Slater and how this to an be the one as on the to the would and would be all that this to the of the was for and that Bess in in this Bess Bernard and the from and role as the role of of of a that of to the of the in was a between the of and by religious and by The of to was a of the through at a of the and the that to one the of a that, in was and of other it The that for of with Jewish obviously and by a that still it a for Catholics to a a and that at in to its the of and the of the Cold the of the as as its of other were by a that had an on in the Cold War the of the that to the with what F. as the of the American it it for the a and that the for the of Senator as as that of In had a the of and while under a of of the of of their as Catholics and as American that had been to a of in took out a at the a to the to the and its to that in the the case of in a with the and of the be so to the at to the of the that to the through to the and The of the the of the it that to his to be in in for his and his to for the to the his it to how the case or the by the the case was of the and the important role it in New York a case that tensions between and Catholics in a such tensions were his that that, and the was to the Slater to his the was under on the of had had a from the Slater that would be his was a from the New York State that his was the and that would be to end his Slater as out of the the was to his had Slater or the by Slater, his was out in a and the with and of the of the case to the his of the case, was to that Slater was a In of the Cold War are the historian Ellen Schrecker that the trials of the an as as a legal of the in them to the could for a of the were the to that Slater had in two and in receiving compensation for one of these placements. But these were what was was to the the by to the of a Jewish attorney was on babies in Jewish of was the as his to that, from his it in his with the to that had a that had for be to of the or to the or to the of the State of New in to the of his and his to the trial to what the by the the of the role of the by different In before the trial Slater to the trial in of a to these In Slater the of the was it the first that would be under a law this law placement that had been for the his of what the trial or would in one and be a trial in the as it and by and the and and of the and the of and placements and the trial it was that, Slater the by the were to the trial into what Slater had as a trial in the were to from the trial of the that Slater had could been are to such from the the to to to the who to the of that were different from those charged by The from the had similar to in his to the them to that other had placements on the of other a of like the or of the as to by to the by the to an of the to the or by persons who to to such In to of or to of that one would was to trial that the of was in his to the its that the of placements his had been or or be into the it the were or the case was the and the the that, the law as it to on to that are the that was by the or that was or it was are called to what and was by the of the State of New and the case one another in with these for Slater attorney to that had placement with the with an the Slater are with the of the case or the or of the parents or the are with what was a of and Slater the to these an in place at one it in the the on several and by of In two the Slater charged that in been against in that the the the of his as as the of that from the and in never in his in in the the that to the of that the had his Jewish the it to images of Jewish and to his But Slater to this took the his Jewish the of his were so to at his trial that had to be with the of their all of the and had to babies in before to one or all had been by one had an another still a old was another was had a virtually all were with the babies had through one was by the of the had and the that Slater had its that of that to that another to for many that Slater had into life and that of The or of the were by the of Jewish been been to the of Jewish the that in the of the their babies became an a of the of to that placements were the the moral of the who had Slater was for from the and the the were to the charges to this the to who of the led by parents and to of the who the important role by role in the that had place the to be for The of was But this what as that the and in of was a that to a still that of Jewish that of the babies were by the case that Bess Bernard, Slater had to them what obviously to them that the baby were to in But from of as the one another it was that the of only to their case at the of the of the trial The role that this would the trial was the one of their and from New who was in with an Slater, served as his from of his that the case first who was could to at the to been at the of against who had been a in that to with the had to a to to New to to of the in and by out to and to these in the of of so that that the to a In the as a was only that would be to New York to on the at was to so that the could to in in But it the to such to only had in the of the had them their them in the and to their babies to and to On the had in the papers and with in to with a the the to their that the of all the had for a to in the case of it was designed as a of legal to Slater from charges of or on the of on the of it to the to in the be in the Hebrew this or to the the by the in to religious of and such as and the term in their on these terms had a that the that a from The of these as as the of the in two between and attorney In the first of the of the the other of Jewish that were the who of Jewish in the as the been the to of to the babies by Slater, the were a of these that were of Jewish so as to Jewish or In the papers that had was a The would be in the Hebrew The to the the of the of other the religious of all those in But similar were of virtually were their would to parents were how one Jewish and his were so in their for a Jewish baby that had one baby it was only them the baby to Bess Bernard only that of the parents were them that it had a the other parents only the religious the that Bess Bernard had to a Jewish in the of to were to that the for a Jewish baby were to that their baby was in their or Bernard for to This was the of the of Bernard had and his that their baby was to it was The of those of the only Jewish to baby to Slater, was at one end of the was an important Slater was baby On the was that on these charges on that had to for a Jewish to that the baby by a Jewish that could of it and the what it on to that only to a that was to of the baby and it the and it were by the a In was the of that, Slater the to his all it and that was all the the who on this the from the to had the or was the of a in what called a was important to the in case, it was Bess Bernard, Slater, who was and of baby that Slater was a at the and the trial that Slater had that baby be a was a and the baby was and the baby in a that would be the were it would be that the of to be that was or with it that the two of were to the to on the But and with

Jesse Conrad

A little orange plastic dog just ran into my ear and the little bugger won't come out.I even offered him some beef jerky but he says he only eats mosquito paste so I've been sittin' around smashing up mosquitoes to coax this dog out of my ear and when I've finally got enough of this mosquito-mush mixed up the dog says he changed his mind about it and now he just wants some smack.I don't have any l tell him and he starts biting the inside of my ear and I'm afraid the little bastard's gonna make me go deaf 'cause he's barking too, so -I don't like to do it -but I go in after him with a Q-tip.He comes out looking like a little ball of earwax, but I can still make out the tail.When I was young I had a dog that died and I never got to bury him so I take the Q-tip and wipe the little orange ball with a tail off onto a Kleenex and put the Kleenex in a shoebox and bury the shoebox in the backyard .Then I stand over the burial mound and play "Taps" on my grandfather's old accordion.Then some motherfucker animal rights activist who is very well known for her hunger strikes to stop the extermination of cockroaches, and who was acquitted when she went on trial for killing a Terminex man with a flamethrower, gets wind of my method of little plastic dog removal and calls the ASPCA and PETA which both promptly send agents out to my apartment to flush me out using mustard gas.I don't know where they got the mustard gas -it was explicitly banned after WWI-but they had it and they used it and next thing I know I'm on my way to the PETA Animal Rights Violators' Concentration Camp where, if I don't cough up my lungs in big chunks from the mustard gas, I am slated to be hanged and then burned at the stake when they're through drawing and quartering me.Fortunately enough, I wasn't exposed to the gas long enough for it to be fatal, but I do have some pretty severe respiratory problems as I write this.And since the gas didn't kill me, the animal-friendlies sure wanted to.They had exhumed the little ball of plastic orange with a tail from my backyard grave as proof that I was a barbaric torturer of beings unable to defend themselves.They also got a testimony from the neighbors that I had played "Taps" on an accordion, a blatant mockery of the seriousness of the plastic dog's death.They were gonna string me up at high noon, cut me to pieces and start the fire by five after.Well, I ruined their little plans and here's how: My detainment quarters were swarming with ants.I just took a couple of real big ones with me to my execution.You have no idea what sort of negotiating tool a big ant between

Amy Dru Stanley

In the fateful year before peace came at Appomattox—as slaves pursued their exodus from bondage and the Civil War dragged on—a counterpoint arose between two antislavery decrees under debate in the United States Congress. That counterpoint illuminates conceptions of universal human rights forged at an epic moment in the downfall of New World slavery. One decree became the Thirteenth Amendment; all but forgotten is the other, a congressional act to “encourage Enlistments” in the Union Army. The amendment provided for abolishing slavery everywhere in the United States and its territories. The enlistment measure freed soldiers' wives and children owned by masters in the loyal border states exempt from the 1863 Emancipation Proclamation. As destroying slavery became inseparable from vanquishing the South, bondsmen refused to go to war unless, in exchange, they won their families' freedom as well as their own. “It is a burning shame to this country,” affirmed congressional abolitionists, “to hold the wives and the children in slavery of men who are periling their lives before the rebel legions.” A month before the war's end, on the very day of Abraham Lincoln's second inaugural, March 4, 1865, the measure took effect. As the Thirteenth Amendment awaited ratification and as the president spoke of malice toward none, upwards of 50,000 slave wives and children went free.1 In a world in flux, where constitutional change flowed from the tides of war, the abolition of slavery fused with freedom endowed by marriage, thereby tethering a new birth of human rights to enduring domestic bonds. That counterpoint casts new light on the making of abolition—a problem of enduring historical and constitutional significance. It reveals not simply how Congress asserted its sovereignty to nullify chattel relations and secure human rights, but also what counted as slavery and freedom as the advance of the Union Army overthrew old ways of life. Simply put, it manifests what abolition was meant to overturn and to create. For both the Thirteenth Amendment and the enlistment measure were acts of abolition. Both split asunder the relation of master and slave, destroying constitutionally protected property in human beings without compensating owners. Both turned chattel into free persons. Arising together amid the crisis of the Civil War, they belonged to a tradition of declaring rights and invalidating unjust forms of sovereignty that had emerged throughout the Atlantic world in the Age of Revolution, a tradition that wedded emancipation to marriage bonds among ex-slaves—from Haiti to Jamaica to the American South to Brazil.2 Their juxtaposition, however, has never been systematically studied; indeed, the enlistment measure barely appears in landmark scholarship on abolition or constitutional transformation.3 Overshadowed by the antislavery amendment, the wartime of freedom has the for a from the of to the of 1865, Congress the decrees month as never before that the Atlantic the rights of The abolition amendment was a and of the enlistment measure was an act of abolition—a on slave marriage bonds. it an of congressional the domestic of the slave loyal masters of the wives and children of bondsmen turned Union the for the emancipation on slave not in a to the of the the measure what slavery the of chattel to and a In the amendment and the measure the of abolishing slavery as a domestic by property in human for in the of the slavery and marriage to together as relations of domestic the master of a to the and of both and in and the in the of the the of all the of chattel bondage to In Thirteenth Amendment not what abolition but what freedom as to as slavery. the counterpoint between the abolition decrees is the of an amendment in in It to light a the of in for abolition but their from Thirteenth Amendment the of the antislavery by the of human rights by chattel slavery. under the abolition amendment, slavery has to a of and the of slavery in abolition never in Thirteenth Amendment It is as and the of Congress had never universal emancipation by of In the of the Thirteenth Amendment illuminates a of the American human rights of rights in the of Congress to in of the and as slavery by the a of landmark and of and the Thirteenth Amendment has never been a of rights the of to the in under the Congress in the slave but never to the of slavery or the domestic slave has to hold is at Amendment of and it is the that the Congress has in from and to of and rights, as the not to or are not as human rights but from exchange, by congressional constitutional from that the of the emerged not with slave emancipation but from it the of antislavery to where the Thirteenth Amendment as a of universal human The of that rights to abolition and to the counterpoint between the Thirteenth Amendment and the enlistment In that counterpoint a of the of slavery and freedom at the moment of abolition and the of and sovereignty to that on both the of the of slavery abolition and a rights tradition with the of the of the two abolition decrees reveals that the of the Thirteenth Amendment in the slave where the master both and to new into the Thirteenth its and its to its The is to as to advance antislavery and of human rights at the or the second is a what the but what meant by on the as they the to slavery and affirmed freedom as to The is what the of slavery had to with the Thirteenth and what the Thirteenth Amendment had to with antislavery of human the of the of the of the chattel relations by the a all the the freedom that a owned by a loyal master to in a of As the abolition amendment and enlistment measure in president It is to to go to on the are and what to for this or as as and The Congress as the debate abolition of human beings with freedom and the to slavery as a constitutional amendment or by a act as the of chattel slavery and the of Congress to that the enlistment measure abolition by For both decrees Lincoln's that slave property to masters loyal to the Union by the Civil debate on the amendment, as in the of Congress the of slave wives and it is to this of slavery and a at the of A year as Union a “It is for the and that of with and abolishing the slavery by the and and the two abolition decrees and in the in amendment to the the enlistment measure from on and the a year they were both of In Congress the the enlistment measure into the war dragged on and the states with the The counterpoint between was to all in Congress. it is a measure to “It is a very and It simply for the and the of the with its It of constitutional with all that the slave property of loyal the of the the freed soldiers' owned by rebel the Emancipation rebel and the of the as a for for the The was to the amendment and the measure in two to end, As the is to slavery it for a constitutional amendment but how it to that both of to it to its by the of the of the men the measure as to but not that it is for the of to the United the are that the amendment not by the and are to all and in to to this in advance of the Thirteenth Amendment or as a the at slave wives and children owned by masters loyal to the property by the the bonds of marriage between the enlistment measure slavery. the amendment was universal in its by all in Congress that the amendment and meant to free slave wives and it was all the that the on the amendment, on came to on its for but all The the of the Thirteenth but to light the of constitutional abolition and the rights at of two for the amendment before the were the by the and from the of slavery as a for the been the United or to their Congress to this by were the by who on of the of are before the that hold as a and the Congress to all and to this into everywhere in the United was the amendment had in was for the of the enlistment in the on the of the to the 1865, and of A in the constitutional of slavery was that the amendment spoke amendment spoke persons. The amendment the everywhere and slavery in the amendment a of universal human rights, all as the not it provided a for for a moment to to the rights of and in the of Both of the abolition amendment universal the the of the by that of freedom to as of human rights is in of a as was of and Congress that as as a new and into it to in the is at won by emancipation of the has been to the As by amendment the before the that was a the was to all as by free or by before the by a of to the of it was was the the as the American not from the not with historical of who had in the amendment, that to but not to all to or and go to the old by For the of chattel slavery. the Thirteenth Amendment not universal the freedom of all not For a in the of arose the that the abolition amendment been the of a that of all as free and before the also of in the Civil and the in the of the the rights arose to to the was or the relation between men and is to the or before the in a the of all men before the a to a a as free as a A to and as free as before the the was meant to the amendment, not in the who is slavery not to in its a of the who that very day had amendment to a in the by that the marriage from the of relations as in and and been for a abolition. a freedom went as the the amendment, not the and the of a universal of human a before it was to the of the in that had to marriage with bondage in from of constitutional abolition by human rights that the on the of slavery was but It was the enlistment measure that to the of the freedom by the debate on the Thirteenth both to the Union Army and to at the slave Congress on the and masters in the loyal states in slave and children and their the from slave property as it never the as for Congress to the For that an antislavery of property in human beings and as the for the new of in congressional abolition turned on of war, marriage, and the the for Union Congress the of the enlistment it constitutional abolition as a war to the of human bondage to the property rights by the the measure both the Emancipation and the it rebel or loyal masters for the of their it property rights in as well as in human and to the measure to the to its It was a debate at as as that the Thirteenth and it went on indeed, the for the had been in it a of from to of but were to at it the in of or of in Union and freedom to as well as and in a that spoke in universal of into making war for the United States and simply that and children were as of or marriage was or was not or by the Congress the for their the of slave marriage, the of and the of of the counterpoint between the measure and the in March The of the congressional and the constitutional at as the debate into the was not human rights the and the the of Congress to war a slaves in loyal on slave marriage bonds at the turned Union and not how and to in and and to bondage that the and it that by the constitutional to of the slave master and to human a and rights by the and of Congress It has been and that the is the Congress has the to the and the is in that spoke of war, and congressional spoke of and constitutional both on and was Congress the to loyal masters of slave to what of the on Congress the to a that Congress has the to the that it has to the That was the to also a tradition to of a at war for In for the of arose the of as the Civil War was for the not for the the tradition had never the to slave and In making constitutional with the of of Union and with an to on of congressional abolition. of both and of from of the rights of with spoke war and The in its that secure the of the and in its and spoke of and to its to an but also in and the of to the emancipation to as as to the and the this from the of the and to an in freedom on slave marriage, the of Congress on both and It was an that the of the with for the Thirteenth was in the for a at this moment is master of the of slavery everywhere in the United without constitutional It it all of to this of congressional the between slave and the between master and slave, the of the abolition an was with of the for Amendment property rights were the antislavery of and property and its for without to the wartime of the constitutional that amendment has been the enlistment measure as slavery as as and as as all the that in the Congress to the to rights of were bondsmen to for the border states had of to the were slave wives and children of as they not into the war for the the measure as well as the of in the a is the of the is to slave of their it is to the it is to it is to the and to slave It was and In the to loyal masters as with a of property rights and with a to the of chattel slavery. to the of and in for slave wives and a of emancipation by the of the had been by abolition in the of and slave the measure to at as well as slave property by all an in in or making or by or by of for the the of the to this they are and for to their spoke of abolitionists, also spoke of toward slaves protected by masters the of As slavery affirmed its a of abolition with a of that freedom was to a of and the Union for slave wives and children free by Congress. the relation between the and children and their not without As spoke of to a and of both the that a and the that the is Congress to the and the the is the to a in the of in the the antislavery of the enlistment measure in abolition before the day of the Thirteenth but the was that the measure as As act to the of its as in a and the rights constitutional and As in this the of loyal masters to slave wives and children to the of the of war, and the bonds of slave marriage as for Congress to abolition. In the of the enlistment amid the of the South and the Congress turned to the and the of slavery and It was not that simply as a to the of the Thirteenth Amendment in of human rights free it was the very of the of the debate abolition. by as well as by the of Union Army Congress to for the Thirteenth Amendment or with the enlistment measure or the the of abolition the slave but also of and a of slave antislavery Congress came to the of slavery. under the enlistment freedom in bonds of marriage that the bonds of as as under the as were a of as a slave as a freed was to rights simply by of the antislavery on the enlistment as the men in Congress. it the of the of the it as and as and that the was slavery by antislavery The as that had the on the both antislavery and was the of the slave to both a loyal master and a the In was the of a turned as slaves had marriage rights by was the Union for in light of the counterpoint between the abolition free a measure with constitutional of for the not and but also men of and men the the debate became a on the of slavery. the of the war and the the of rights, and the of property in to from slave wives and the on their was a slave That was the to and to For the measure on the that the bonds of slave marriage were as to the bonds of chattel slavery. is the of a the antislavery of as the in as was March to the that men a the and the and the As of this and it very to who has a or how wives to the of the slave was for it not the between and but also the of of as well as the of the slave as into the of that was marriage relation in between chattel had rights of on in for slave to as has a the for the of the is to in or where has a and to the of the the enlistment measure simply took slave marriage for border however, who to in a was a in the of slaves were and but chattel to are to a in has a in and that the to with to is not marriage was a of Congress “to as marriage that is not marriage, the of a of slave all freedom by the and to it by the the are at very in a that but an is to the to abolitionists, the the of the not how slave marriage bonds free a from the bonds of slavery. As the of the measure was its of freedom not the of a slave is the of a the war freed the of and but not as a that the relation of and is not with and this relation is of as a measure of who the of the that the measure for the to with new of slave marriage, or a year of the measure that slaves or or enlistment day counted as of marriage, with children to freedom the marriage had the of the Thirteenth is this to the in is a who was not a of a The was freedom by slave marriage bonds that the of both and The was that and it was and or the of a slave this who the Thirteenth affirmed that slave marriage and as and a to the of the slave who the slave to and the to to human not property to not to their marriage the of the slave as was the of how the slave was and under the were not in the a slave without how loyal a the who had the abolition amendment but congressional abolition had to by the the slave of a loyal and for the of the slave and the with a new in March that loyal masters to by and came to debate the with Congress on the of a slave as the of of this chattel in the or or a or a the and they it to the war's the in slave not it very to for the master that by the In a slave at this in the of also a slave very on the slave as on a antislavery were in the loyal slave and for a of freedom the Union the the slave for of simply it for the Union to into the to slaves the is a antislavery men of as of in or at is to are a in the of the was that to the slave however, Congress that the of a slave was For it the of property in human for abolitionists, who it to the both property in and the in they antislavery to not this to the of of to the are in the of the United States in the that to for property for it is that the that slaves are property and by the Congress of the United that the a by a was from the enlistment an act that a slave counted as property under the for a Congress from a loyal master and to a what was the in and The was that had That the not for the Thirteenth all the of the enlistment the of slave marriage by the of with abolition the Congress the counterpoint between the measure and the It was a between antislavery and that had emerged with in the and in wartime with the of Congress free the slave or for an abolition in as was to its March to the in Congress to their the the enlistment measure a to the act the of this by and by and that the the to to the of the and the of the that on the of the and the in the new the amendment had been in both of were and the was to act at all on the enlistment that amendment slavery is throughout the United a this measure the the or for of a slave from the to the and of That free the slave the amendment slavery Congress for a was not simply by but also by the who that the enlistment measure was but in the amendment in they to the and as to who A year with the amendment in the had that this constitutional amendment and this not the to not to free slave in the were to the of to free human where to the hold by of a to freedom to for the counterpoint between the measure and the amendment old between abolition and to the It to to a of the antislavery to the Civil War as an a between and human As Congress abolition or for the amendment that a and the antislavery in the of both and The the of a constitutional amendment the of the to the of the who for their for in the of the not that the men who the the of the by the as it is change it in a constitutional had the on the Thirteenth the of the was for congressional abolition. It was the of the slave that this by the The of abolition by on at the loyal In the of a slave and and refused that not to for the Thirteenth of the of Congress. as never in the a to of before all to a had in in the of was all to a was all to was and the who had been a Union that had of and as the the slave freedom to of their loyal masters were the wives and children of making of their and and it as for their into Army. this by with a year that Congress was the slave was all of to from and on the came that was of the for slave were on a in the border were in in with and all of that the soldiers' wives and are and by wives were or to were from slave wives to at As by was by a master to of was and and and of to and as the loyal the to to their by slave wives and but to for For a the of slaves and and in the congressional debate abolition. was the from of the country,” a a to in how is not to and children to a that were to the enlistment measure that their was by the of the The crisis was by the of a and slave who was a from a and this was and It a from to the the but the emancipation of for the of to the an provided at from the the of the slave for congressional from the border states to the Congress on the of slavery. to free the slave that slaves between loyal masters and and were freedom on marriage with the of antislavery in their that the the a on the as well as to for the Thirteenth Amendment that a what of men to act and and slave wives and the amendment, an from the to a slave to and however, they the of by to and wives and children or a the For a antislavery throughout the Atlantic world had been with of in Congress. and slave all the of the of and marriage all the the the of a the of to and as of of the Atlantic slave to the of antislavery as crisis into In the the and that as a free in the that debate on had of slavery is that it the marriage the of the debate on the Thirteenth it was for to in by of that the of the is the of and who in the of The of the not simply slave emancipation but also of freedom as an The of the universal of human as the of chattel relations of and to is it is to the of the American at its in the of the to the of from the of its from the or of the slave the of freedom as for its the American the for and and this that but on a The and the a That is was an by the slave bondsmen to their had all slaves wives from and before In the of are in and the of a who simply to a slave it to the relation of master and in the of the that it a of slavery. to the old with in with all of and and the from an of the American for and of The enlistment measure to the of also its For the American not the of Congress to slavery its slave states in to the that the and the sovereignty of to on the of the slavery that under the has to with of the slave into the loyal border the enlistment measure that antislavery the Thirteenth the measure a of in the measure the of For in freedom on marriage it congressional to antislavery that the very bonds property in and a free of an The by abolition was has a to the antislavery the slave is not the but the to with the from property into a abolition also of slave marriage bonds and the of the slave As the an antislavery that a slave to slave who but never to the of as the the rights, chattel slavery became the for A free was chattel a that is the slave turned the slave from loyal master to a Union antislavery as well as the of marriage as a to freedom but of slavery. The of the was the sovereignty that the slave the of of as The the among free or the sovereignty as the of In it was the that to in the loyal slave in the bonds of slavery marriage the the slave freedom but the to an freedom to a of the relation between the Union and the had the of slavery in the and affirmed marriage the enlistment measure slave marriage the very of American abolition. spoke of to the slave but to and of to the for the to as a but to the as a for for the a of go to a and to to the of that the moment is turned and children to Simply the of from the of the the that the debate the Thirteenth at slavery marriage, by of their as property relations of the thereby slaves and wives into For the marriage bonds as the very of abolition. the enlistment spoke of the rights of but without rights to slave of antislavery men that of slave wives beings and was the of Congress to and the of Union to the toward their wives and children that men as as and where is the who in the Army of the United States and and children to the the and of a and of In the the antislavery belonged to who the enlistment measure in the it belonged to the who the abolition of in slave for the as by not the slave freedom was simply of under the to the and of to that a of and is to men who are all for and for the of this For a Congress the slave what was and to how and to for the Thirteenth the of to never For all the of and the of not to a of rights of the to a of but as a not master of in 1865, as the enlistment measure Congress. the Thirteenth Amendment had been by the states in the and slavery had been by

William J. Novak

The American present is at odds with representations of the American past. The American present witnesses the steady aggrandizement of executive, administrative, emergency, penal, military, and war powers as contemporary commentators such as Michael Hardt, Antonio Negri, and Giorgio Agamben contemplate the contours of American hegemony and superpower in a new era of empire.1 The global impact of present American politics, political economy, and foreign policy is obvious to any casual observer of current affairs. The story of the American past, on the other hand, continues to be told in narratives that seem to be heading off somewhere else. In place of the growth of power, the history that America most frequently tells itself highlights a story of relative powerlessness—a usually benign tale of legal-political self-abnegation, emphasizing constitutional restraints such as federalism, checks and balances, the separation of powers, limited government, the rule of law, and laissez-faire. When presented more positively, American history is usually framed as a quest for freedom—the struggle for political liberty, emancipation from bondage, the rise of civil, economic, and social rights. Property, contract, and freedom of speech, press, and association form the constitutional backbone of a free market, a vigorous civil society, and a democratic polity—hallmarks of a free people. Oddly, key elements of this tale are kept alive in both older political histories of the liberal tradition in America and newer histories highlighting the rights and agency of particular cultural communities. Coming to terms with the historical rise of the mechanisms of legal, political, economic, corporate, and technological power that currently shape so much of the globe is thus a more difficult task than it should be. A true philosophical and political history of the American present continues to elude historians.2 This disjunction between historical perception and political reality is not an entirely new phenomenon in the United States. As early as 1887, in a penetrating essay titled “The American State and the American Man,” Albert Shaw chided Americans for their laissez-faire fantasy: “The average American has an unequaled capacity for the entertainment of legal fictions and kindred delusions. He lives in one world of theory and in another world of practice … Never for a moment relinquishing their theory [of laissez-faire], the people of the United States have assiduously pursued and cherished a practical policy utterly inconsistent with that theory, and have not perceived the discrepancy.” Surveying thousands of regulatory laws passed by state legislatures in the late nineteenth century, Shaw concluded that “the one common and striking characteristic of this huge collection of new statutes is its utter disregard of the laissez-faire principle … They deal with the citizen in every conceivable relation. They seem to have left nothing for future Legislatures to regulate.” One hundred years later, in the middle of Ronald Reagan's America, Senator Ernest “Fritz” Hollings (D-SC) similarly observed the powerful role of government in the construction of modern life and its renunciation in the American historical self-conception. Seeking the 1984 Democratic nomination for president, Hollings delivered a stump speech deploying several different versions of a story about “a guy who came home from the Korean War, went to college on a form of the GI Bill, opened a business with a Small Business Administration loan, made sure his parents' farm was adequately wired through Rural Electrification and irrigated with assistance from the Army Corps of Engineers, saw his kids get subsidized school lunches at a school that received lab equipment from a National Science Foundation grant, got his mortgage from the FHA and hurricane disaster relief from FEMA, and one day, took AMTRAK to Washington to complain to his congressman about getting big government off people's backs.” Like many Americans, “the guy” never saw the role of collective power in the creation of his individual declaration of independence.3 Shaw and Hollings reveal a disconnect at the heart of the American experience—a tension between the story that Americans themselves like to tell themselves about individualism, self-reliance, voluntarism, associationalism, free labor, and the free market and the actual history of the “concrete national institutions,” as Shaw put it, that have been capable of wielding such broad interventionist, coercive, and regulatory power at home as well as abroad. Samuel Huntington once dubbed this yawning gap between facts and norms “cognitive dissonance”—an almost pathological tendency to confuse a fictional American ideal with historical political reality. From Thomas Jefferson's elision of slavery in the Declaration of Independence to Ronald Reagan's anachronistic invocation of John Winthrop's shining “city upon a hill,” examples are obvious and legion and not always merely rhetorical. At the turn of the last century, Roscoe Pound surveyed the damage done when the United States Supreme Court took a “long step into the past” and imposed the fallacy of “liberty of contract” on modern industrial labor relations, as if the parties were still individual “farmers haggling over the sale of a horse.” As Pound's example suggests, the problem is one not so much of psychology as of political economy. Shaw and Hollings foreground a particular American version of the tension at the center of social and political thought—the between and power, freedom and and and and A of this American the power, and of the American much of modern history with the of powerful and the of their and of the American state one of the more in in a different and a The “the American is as of an in a of and When at the American version of a state is as not to the that modern and tendency to the American state its history as continues to a with American power in the The and of this historical of the American The of the American state is to the history of American the is to American constitutional and laissez-faire is to American political economy. Like the of and the of a American state is the of a tendency to American history as the history of the of a the historical and of is of the of America as a place of American from a state of As John with almost in the the was The the of individualism, civil society, free labor, and a free in American it the more historical and role of collective law, government, and in American In this the state itself is as of a that never a place in a and The of a American state in and on individualism, associationalism, and to the power of the state in many of democratic and have his American state was in “the government of the United States is to get by it from its of it the of the tradition of in the American state not on perceived to be an from the United States was a at “The of the of this State is not and and the for a not for a State and a a of has the of the late nineteenth and were of commentators to the to is in the United in an American political a characteristic the for the of the of the American state was the the heart of In the of with American to between American and the a of on an national historical American in liberty, voluntarism, and a market, the role of the state in social and In political such as to a a and national that as the of a for over individual over collective and and over and state this the history of the American state its and almost and regulatory in the of national cultural of was the American it was a the of an to new for the of the of and free the most to the of the of the American state is the to this has been by with and an social in the and the state to the of American by historical such as and political such as the of the American state The tendency to the American state as of a to of a continues the of of American political As American has not been by it has on a new new form has a of that the as to and American state power with and for another and The modern American state is still as and the of historical and by social in the of the nineteenth The tendency to about the American state the of has never been more for most the of that an of still to be The American state in of the most historical and “a “a “a and “a a an of the modern American state is an and its in the has a historical This on the of an of Samuel Thomas and the and the actual power and of the American state in this have been for the new and into state by their and early to such as in American and the of this has on a life and of its a more of and political who have of in an era when state have and more the American form of legal and is the The obvious present reality of American state power in the early is a of the history of the rise of a global The most and of this is that the American state is and always has been more interventionist, and than was in of histories of the American state to one of the facts about modern American of a and is contemporary American to the of of the and of the American American history has the in the of one of the most powerful in world that American history of the construction of American state power from the of the to the past. for has the history of the American the creation of a that “the true of the American was not to to more power, to and an entirely new power was a state in the United it have been the of government in a most of has similarly the of a powerful and national to the of the the historical that a national and regulatory the of the John has almost of the of government in the nineteenth through his of the role of the state in the and of from the to the and has government power at the center of the new history of and and As the of a of social and cultural and and of and were not the of laissez-faire a to on the powers of the state a for people The of the state is over The powerful role of the American state in labor has been the of a of on “the state and the has on the role of in the creation of a national in the United States. power was present in the social from such as to more in and is in this that John examples of in came from the United not and the of the The powers of American and are new has the history of American state of has the history of national and disaster a of new histories from John and have to the powerful of social and social The growth of and in the has on new in the histories of and One the rise of American national and the role of the the and powers in American to a state The of American state is the past, and for the in present should not be into that the American state is the and the and to a more of and laissez-faire. the the power of the government to and its well as other never been As contemporary should be to the of in late is and In to the of the American the historical well to the and construction of new of state power American This story of state not into such as modern social it not the to about American voluntarism, it is the story of the creation of powerful modern mechanisms of American and the rule of were of this new state as social one should not to a historical of liberal and legal elements with “The liberal state has always been as as the political and social and the of has and with the of it has its with the of it has and its with the of the it has and … has upon and law, upon and This of the American liberal both and law, and and new of historical In a of a of historical and political to the of “the of social theory and their in about the social and political of and the almost of American social theory and is more when of modern state The problem historical of the American state is the tendency to American into a the of modern more than a In the ideal of and are of modern a and legal and to a of business with to an of the power to rule and and the its and the to and the as by the and have the of modern from this to be as of to the of the the In the from the American state is almost to for state is an of state a of at the American state than from other of the and of American government to other that for the power of the American of more for the American The historical in this of and the American in the of new to the of an American of state are a of the of a to the problem of a of the of in American a of the power of the American rule of and a of the as was a when it made to the and of and as of state and the of political In the early century, such the world and the future to be by social different from the of the early and state than a of the political by and of and the and social of the century, the state of social theory more like a of the than a of the the to and have and when to their and American that and not well the a of have the of the United in the the of to be and the of the and the of the when about a state as about the of the of people At the an of the of should the state usually into a of the of The Michael a with his between different of state power and power, to the capacity of state to rule by other of power by civil power, in to the capacity of the state to civil and a for of the the power of the American The American state the American that is is about and powers and balances, and the constitutional of state terms life big the creation of a of government and an is this and of that most have in when about American American by this for power and for in the of state of power to be of and are not by the power is as as to any of power to be their upon the for the power the in the power of the American state have been the and of its power is and always has been From the of the national to the of from the creation of a for the of to the construction of a powerful and from the of powers of and to the of new of and in the of national the power of the American state at as American legal, corporate, economic, and cultural the is this about American state it the that the of the American state its is to to and state power than the by social was the problem of political for most of its for actual power of state in to have on social theory The problem of a new of power democratic and modern power more with a individual the the as well as into the of modern social and the problem of early American social The of and John the of and John the of and and the of Roscoe Pound and an for modern state One of the of the of John and their was to a about the of ideal and of legal as to the In place of the practical world to ideal a more and in the an and to and by actual and of and in As so put it, was that to an to from one place to another and to common of and historical In place of about and the actual social of an for The of the well In law, political and American social theory and social in the early In law, and an with of the of “the the of the of the of and a quest for a more of state and in John for the the of the state in of a more of the of the state as a by at it in the “the state in was more than its in In law, legal a the and of about and the of than He “The of about is the business of the people who have the in be are of the about is to the through of this are so as is their as The American and to the in other the of and that state that American state that one in at state of state The at policy was government to more about the of the the state through the of that the and of people in the This of is as power a much of the of the American The of A that American state power so is that it is so an of and are more than in the United States. the national government and state and school with powers and the national government the and of power be The and more than and The as well as a of The and more than and that in almost of and in the One an of the and of American state by at a of such as In almost and state were by such as the the of and and The and of and a that continues to state with and with The American more than a people. The in more than this is by the American and national This of is not the of a is it a at this of American and is of a The characteristic of the American state is key to both its and its In social theory, the state is through an of with of and The American in is more is and than frequently and is to of the power of school in the United States as well as the powers of The power of government to in the of and in the of than the national the terms of the the national government has The power for the for state for the people. to to the power of the American state the of American policy by at the national center the is to much of the the and state the As American government on the powers of from the This American state by mechanisms for an and Coming to terms with the American state a of this power on the state theory on state power at the it is not so at the of power to the power is by of the state to the of the The of and government are different from the of of different as the task of the of the at the center is from the of the people on the are frequently for and of power, and democratic and are not of state the in many are the of The American of government, with its of of state separation of powers, federalism, and the rule of for an of the state through civil to the for a and legal of rule that has of the most The rule of A to American state power thus an of the state in than in theory, from the than the of the as much as the as much as and the and of power as much as its and is another it is to for state power in the United and that is the rule of One of the of American is the place of in state and policy From the role of the in the creation of the to the of law, and legal in the United States is a legal as with the and separation of powers, the of the American state has been a of and the of constitutional the rule of is as a on American state to the of modern regulatory From the histories of to the the has been as of a to liberal of a and American tradition that the of a American as legal and legal have been for American has as more than a constitutional on state has been an and of political and power, a than role in the creation of the modern American has been the of such a and of power, that in place of a of to power should be as “the of upon histories the of in state from the of contract, and to market in the nineteenth century, to the of the power and and regulatory in the One to for the rise of a modern state in the United States in and and labor and and and and the of and laws and American state power is a of legal of and The of as state be into a of state through law, and other legal the power of the American state such as John and have been as an of American state is to be as another American for state through of the most policy in American and and the Americans with on as a of the and relative of such should the that law, and are of state the such examples the power of to a citizen into civil and the to the the of the When to this to its of have an of American state power and The a in an American of state the The to American state power the of civil is in the in it and the This the American state has the to The of through law, the and and is one The of the powers of to the of a national through the of powers such as to and is of the American and the American to a role in social and and collective into the than power, and policy in the of a the American state and powers through the its its and its in the the history of government and other of power to the is well the other of the role of the American state in the creation of the From the role of state in the of and to the role of in the of the the market, and cultural the powers of the state were to the and of American civil As observed about the market, history that the of national was in the of the and emancipation of the from the the market has been the of a and on the of social and cultural have been a about the construction of and The most of American power have always to the problem a the people the the state the the and to American state the of and of and in to this is the that American power has been a of and not as for of the of the American the American the American the American the the the American the American the the and the National The power at the of is of the of and in the United States. emphasizing the of the legal-political and the the the of in more and power, and and The of such a is by the of American such as and The of was on the of rights contract, and the market to to the of In a of and the role of and the state in and and rights. the of the hand, the state in the legal-political of the In the and the of and power that “the of as power and He of that the ideal of has never in been In through of the powers and He that the the role of the state in the that so much of the of and power in American on the of and power in the actual of the American state has it to the of state the to of the power over the of the to the of such of As and the of in the United States be as the of market that market was itself the of and political are difficult to from the of by the of contract, and in and politics, the the of to the of power in a democratic When are about the as well as the as well as be more As be as to that the of never be by as it be to that the of political power never be In his essay the of on the role of fictions and in the of power, as well as more to who with a philosophical the with the many are by the and the with their and to of their When by this is as is always on the of the the have nothing to From the of to to the of a government of laws than national and historical of and have kept the of from into the and of modern The of the American state is such a of both and In an era by both and state theory, the story of an and version of that state in the United States was the in politics, and global the last the of the American state as is should be The aggrandizement of power the American and historical as as well as new of and of state theory the of not be the for the new of power that in global political economy. is an In the early century, a of and and American social of at power in its economic, political, and to by of American that with and the and of American power is From and John to and John to and early American a of a and of American and the and of power in a United States. the problem of power in America as and not as it the of state and civil than the of the of the on of power in in the and that American than the of power to the of political theory the political of social a more of as is to are political and legal never the of and the that from American political the of the of legal and political They never the that state so at the of his and the that legal and political place a of and The of American state power are In a democratic should always be on the of the the history of that power has never been more

Timothy N. Thurber

For many observers of contemporary American politics, the Republican Party's nomination of Arizona Senator Barry Goldwater in 1964 signaled the arrival of Sunbelt conservatism as a potent political force. Once dismissed as historically insignificant given the magnitude of his loss to Lyndon Johnson, Goldwater now appears to many as the forerunner to Ronald Reagan, Newt Gingrich, and George W. Bush. There are indeed important roots of the contemporary Republican Party in the early 1960s, but narratives of conservative triumphalism overstate the degree of conservatives’ success within the party and the nation. Scholars must avoid painting too straight a line between Goldwater and later politics and policy. Rather, the history of the Republican Party in the mid-1960s should be viewed from the starting point of Goldwater's defeat rather than through the prism of subsequent Republican success. Such an approach foregrounds a sense of contingency and shows that conservatives’ takeover of the party, though real in the long run, was neither inevitable nor immediate. Sectional and ideological tension remained strong well after 1964. Goldwater made a breakthrough with conservatives across the nation and especially among whites in the Deep South, but, as Richard Nixon and others astutely realized, his approach could not be copied directly if the GOP wanted to overtake the Democrats as the majority party. This article will look at divisions within the Republican Party between 1965 and 1968 over racial matters. Race was one of several issues that figured prominently in a vigorous debate about the party's identity and future. In recent years, numerous scholars have crafted a rich history of the grassroots rise of Goldwater and battles to control the party in the early 1960s, but they have paid too little attention to the political and ideological tug-of-war within the GOP after 1964. The image of Goldwater delegates at the 1964 Republican convention booing Governor Nelson Rockefeller (New York) as he called for a more progressive stand on race and other matters symbolizes to many the death of liberal Republicanism. That was a moment of conservative triumph, but the next four years were a time of ebb and flow as various factions battled to define and control the party. Sunbelt conservatives, led at first by Goldwater and then by figures such as Strom Thurmond (South Carolina) and Ronald Reagan (California), scored some notable gains, but liberal Republicans, including figures such as Senator Jacob Javits (New York) and Governor George Romney (Michigan), continued to shape civil rights in and about the of race in Republican political such as and Senator to a with the of Richard Goldwater wanted to the of the party and not an on several including civil on racial issues from his conservative of the The Arizona was not a he and for the and with he in the he with by to that Goldwater was one of Republican to the 1964 of a he the and on the rights of and Goldwater more than Goldwater to a political by the to his that among whites across the Goldwater his party in to in the as some in of the Goldwater's that in the GOP from rather than political in the South, as with the Democrats to the and was to a though not to the South, and the Goldwater in a of Republican little for the of Goldwater the Republican the early 1960s, the of whites through to in the and the Goldwater across the from party in the for convention at the convention they to have the GOP a rights Goldwater racial matters for of the of a over in the of in several but in the he and in and of at a with Strom a over the stand on Goldwater's was on other racial but many whites to as an Goldwater among of the and the Republican by of racial and to in a Republican in to a Lyndon with The Republican Party in a at that and of of in and from the after the the American in several to American by that not be if they in with the on such as American at the to the for the Democrats by to to in on the Goldwater's to party in the and the in the of the 1964 that a between the on racial That the Republican Party one of the in American political Goldwater in the Deep and of the The Arizona were the South, and of were in conservative the a racial that Democrats in the but such to Richard Nixon in Goldwater in and among a than Goldwater of the a from the Nixon and the by in Republican well the of the as the party a of and in and the of by in and Goldwater's loss a debate over the Republican Party's identity as well as for to the for the Arizona as a to a Goldwater in the were by his in and the of was the first time that the GOP The first Republican in the to in the than in the Goldwater a majority of in across the Deep from the in one in and of the 1964 conservatives that Goldwater and a for the party in on and a conservative of The party, they to Goldwater's to in the and such as that was whites and are of will for then that one of will for should time and Republicans, to a strong for the on racial matters and from the that the that the were too on race and several other that Goldwater than Nixon in GOP in as on racial they viewed for civil rights especially the 1964 as with the of and for success. The of the to in the as well as in American that the Goldwater approach continued in the GOP a party. The a of Republican in that Goldwater's stand on civil rights more than his approach to other after the Javits an article for the that the party was at ebb Goldwater's of and as a for and for a of on civil will be the 1964 for years to if not to he Governor to that they are not Republican of the of for the 1964 in of the were There were many but to they the of a racial as an force. several defeat in on a defeat in the have to the party from an not to the South, the GOP that in the conservatives, continued as to a party that the for four of the years, Senator of a strong civil rights in 1965 that the party be to and in the of the to majority if the that to in that the GOP not control the of of the in the of the The Republicans, to look to the to in other of the that the arrival of the with conservatives on to Republican in the they that the party This was in by a to racial but by political with his of in and The that by 1968 an American the Goldwater of and to the Democrats the GOP The of American across the the and continued that a the will be as important to the as the in the in the in The party to of the to be he that could not to the of Democrats on racial a progressive Republican party could at some of the American as they in the first were to be an of the Republican the liberal to the party's to they as an Goldwater his success in and the Deep Thurmond well in his but he than in and Nixon in in and other that Republican at and in 1964. liberal Republicans, Goldwater the of the to to in the and in and was the of politics, the from on race as the continued and political with the of the nation. on the of have a will be paid in over the next several the not a the in 1965 he have to and the for were that whites in the and a Republican Party too with nor conservatives were to control of the party in the of Goldwater's Rather, remained of the from and the was for The Goldwater continued to in the Deep in The GOP a that to was to in the party and Goldwater's the of in after the Democrats of his for his of The Republican to a in the Republican to Republican he civil rights on the to in with and to from his he later to to liberal be of the of party were to success they could the conservative by to shape the party in after the 1964 Thurmond Nelson Rockefeller and other to the in the of 1965 that an from was the Governor that were they of to as in they the for he the of Republican was of several liberal as of and the of the and party to the party's stand on civil rights from of such as This a from of liberal he on to a Republican as long as he a Republican and the of his over party for at the in in 1965 by with to a Goldwater over the first a for the he a that that Nixon to a in that in in to through a was more in party than in in the ideological between and to the in and then to the of the to on the and to more attention and to American a in but he to the rather than a about in Republican not to a of to for the Party for and are to with For the was the to This liberal Republicans, that by the the for and the one liberal could the conservatives’ to in the by and progressive whites a that the then that was in to racial he Goldwater the of a but conservative across the nation in that was a but real of in the for for The Deep remained conservative but the to be more In the party from from the to the 1964 In GOP party of the to the The Republican for of of the on his to in In for the a Republican of the in and the first Republican to in the the 1964 through the of the of with of the In of on his to in the Goldwater's among and a liberal as that the party's among not and to in the South, in that the GOP to to some of that to not in but among progressive whites and across the nation as in American of the civil rights and over 1965 more for the of the party with the continued to In for and Republican a on the GOP and the The was a after the 1964 by of the Senator to Goldwater The in was of and at and to The liberal about was the to to a and racial among The over a Republican Party in the Deep and on Such a gains, they but that civil rights not the loss of to of racial they a strong for such as and as the continued in the to in the political The that the race a political in the of a of politics was at for the of a Republican Party the long of race as an in the of the that the rise of a Republican Party to racial to the of and to a the a for the party. such as to more to from Democrats the party if they and the made by The in the to an to party and a civil rights in the in as a the of a progressive Republican Party in The they to vigorous with and and liberal to conservative with a of The and for a of in the GOP and The the divisions over race in 1964 by in of racial Democrats but to liberal they the party. the political was in the and the and was time for the to a The of racial politics Republican the in that that Republican in as racial though he that the in the Deep was more must after the in the as well as in the he of the could be in a on by the Republican The to American and political in of the and and the GOP to more for through in the Deep continued to the of the Republican that the of the they The of are of the that are There are in the Republican party in the as the party Democrats for several and delegates at Republican in a by that in he called for a GOP from the that several for liberal were in the over and as and whites they as American for that they whites at they viewed as to to but to that whites that was too was strong in the South, of that some and for are many more to The rights on as for in several the to be The that of the the was too was the the in that especially whites in about for and as a for and other and at in the well to and that the to the GOP as the party in the and The as the of but was more of a strong racial was the astutely with the the Ronald Reagan the in the of in the race the from to civil rights in and over especially well in though race was not a in many of for liberal of the American That was from the the party in but from the Goldwater years The party of to 1964 among in several of the Republican were from the party's progressive and of the first American to in the in he the a in the for the 1964 was too to In the at the time was as a racial a George Romney and Nelson Rockefeller of American in the and to the from with of the of strong rights liberal Republicans, the from 1964 and were Republican by a though not a of American civil rights not from the line to at of the liberal Republican of be continued to in the Deep convention a and the of in to his racial an of in from Richard Nixon and other that be the Republican for in the made the a for civil rights he was with not conservative on racial conservative was The Republican Party was too across the to in many of the the point in for Republican between and were in the Deep South, but and across remained Deep Republicans, including and as well as such as as they could not to the of on racial matters. for in the was from in and in the South, Goldwater of that the of racial such as between and of the in a in a civil rights of the in his in and Rockefeller of Governor Nelson in a in the The over the party's on race was in the for the 1968 Republican from the liberal of the party George Romney and Nelson to Ronald Reagan, Richard the a given contemporary of the GOP by Romney many and at the time as a strong for the Rockefeller that he not for the Romney the of the liberal of the party. of the American Romney of in and in 1964 and to in the and Romney a to American of the in he on to in 1964 and years for some his to racial from and some of he his of racial Romney a progressive civil rights that of his could a of of the in the early 1960s, he for a civil rights and the of a civil rights he to that In he an and in a civil rights in an Romney the liberal Goldwater at the 1964 GOP convention and then to that after the Romney Goldwater a that he not the a Goldwater's Romney party's to more should be to the of the 1965 rights in he in a civil rights in he the convention of the Republican that a vigorous to Romney at the of racial politics in the and of a race that after a in an American more than were and of of was that the a to his the of politics with the by that the first not in the after he and a after a racial in the a to the of the of between and the nation that more than and led to the the nation from racial Romney a that he his of were as his about the of and he the to more about and on the Romney not his but was an that he the GOP over a he at one were that they look of his Romney more than that a the will be to time to the about his Romney continued to on the In early he called for a in the including in the and a in some of have Romney be by with the nation to from and and to the from the Such divisions between Romney and conservative Republicans, civil rights the and Democrats for in the For liberal Republicans, was and to be the the of Republican that Romney than Nixon and other Republican among Democrats and in a The to the more than after the one Romney to That be In early his a death he that he a by American a to that he was too in to in the he through was by the that the was Romney early on Rockefeller to the liberal on that he not be a but later he Rockefeller a progressive civil rights he the civil rights the of and the of the on Rockefeller given to the civil rights Nixon to a civil rights in the as too on racial and conservative for the the 1964 as and the and he the and the that by in and he called Governor to an of the that matters be at the in Rockefeller a for in Republican that to with to the of a on the a and as the of The that of and other in the for to in and that Rockefeller called the racial and about a civil Rockefeller his on the that a liberal Republican could in Rockefeller and his the to among Democrats and and the party in could from and early 1968 that Rockefeller in a The Rockefeller that in Nixon he in the to a in and as a of in the Rockefeller and a that a in Rockefeller that have over the and and the and he that and were to and a sense of to the Nixon and many other the in that to on to Rockefeller called the a of and the nation to the Such political in the Rockefeller a of in the civil rights by Rockefeller an in the Republican nomination that he could his in the in delegates and in the Republican a liberal could on from of the not the of of remained the control of conservatives and political Rockefeller to that he was a and that a strong among party his defeat in in That was a made by the that Rockefeller was among many the South, of Rockefeller more at the 1968 convention than in years to Goldwater's success four years The of the convention delegates to the of the from the and viewed Ronald Reagan as the to Barry Reagan was not a in the of but that not conservatives, especially from to Reagan his among the Goldwater of the party for the Arizona in and his conservative he politics years Reagan and other Republican on racial matters. was to the of Reagan the 1964 and the of his he the rise in civil rights of civil for a in civil as and and called for a of he as an on the rights of the that in the of Reagan continued to civil and called for a of and dismissed the as a and and an American that to have other but to a and for Democrats made that could not he For Reagan, the the for Richard Nixon the the conservative and liberal on racial Nixon a strong conservative stand on and by a for and for and be with Nixon and other including some liberal and that from and wanted a of civil many and to have racial viewed at in as on civil rights and American Nixon to through crafted that to rather than through to he the of by in in the next he in a that the nation to be and to with if and that the and of will be and the Nixon was civil Nixon the on as the of as on but the he a of by civil rights and Democrats with the of the that Nixon that the more to in the than the for on Nixon from Romney with for in the of 1968 that the as the and that the too the Nixon conservative on and must not from a he in to the Reagan in the for continued and The nation to for too Nixon and could not in given other he that not but for Nixon a of in and of a but in through to in the and to American and to the of the Nixon that the be and in the sense of that Nixon that to the Republican Party they that the of were and the not The of conservative was his of in the at a in though he than four years that the for the GOP by Republican in several In the of Goldwater's strong in the Deep and Nixon a line on racial issues in the one he continued to his for the the 1964 and the In he to and to to the George and to the of political from the of racial The Nixon were the party of racial conservatism for to such as and of and of Nixon that a in the and from and other liberal by that was and for the to of from his in the by for Republican in in 1965 and Nixon continued his to in the of 1968 by of to to and and by the that to and that he not for was more of the on he in with party and that he conservative to the the of from that were in and to the on his of a The next Nixon the of Strom to on his by to from Reagan at the Republican convention and his as an in the Nixon at a liberal on especially on matters. and he were issues that the of but not the of was the of Nixon some in for the he as of the on The was to in with the time he the Nixon of were at not that in Nixon signaled for racial by from the that in the have to have more than an and should be given a to for and in Nixon a that the 1964 and the 1965 were a that of but was now time for of through Nixon on in his were as as he in were more conservative than the by but they signaled a between Nixon and such as stand Nixon with conservative by of liberal on civil rights was in his for for the in the of Nixon continued to that a of especially among Reagan his as the Republican convention in in Nixon the by that he a in that the to more on racial and a not the party. that Nixon a liberal such as were with his of of and the Thurmond delegates to The Nixon paid as he the nomination was in of political nomination was not from the control of Republican first to Romney and then to Nixon to Nixon was among first was to were by party were to in the party by The was a in Nixon to at some if he were to be the the Nixon the racial he in the his for the and the civil rights of and but he on to he with the of and through such as and the of for was the and for the in and and not to racial and about and the Nixon that for and were not and that were not for the and of of his of to in but were to that some to but approach many American and liberal such as at one was by the of that he with Nixon about but he in one that on to the with an especially strong in the the South, and the among at Nixon liberal and conservative civil rights in and other the of on he an racial that was to liberal than to not as the important Republican of the racial politics and policy. Scholars have that approach to race in the 1968 a to an political to the political with George to his and liberal to his That as as but civil rights roots in the within the Republican Party Goldwater's a of the party's that conservative was to the but he that to a Goldwater on race in the was a were not as conservative on civil rights as Goldwater and not as to the the Arizona The of a a in the Goldwater of 1964 than Nixon conservative from the of That was in by the of in but not a Nixon have the conservative with more rights and but were and over and and the he with an approach that on and signaled a between whites in the and on racial matters. he was not a The debate within the Republican Party on the of the party's on the the as to political from grassroots In political to racial across the There to but the was a of and must be as of a political the could the in the of a the of the was not at that an of conservative within the party, and subsequent success in politics, was The with the of the Deep South, in 1964 racial across the nation. the from success at for The with the they the the Democrats made the and the Republican in to the of and were to some in but, as and others the party long in a of to be to the control was and that to the South, to the Party among whites for could the Republican Party in the The attention given to Goldwater and his conservative grassroots as well as to George the tension and within the GOP that in the and the of the The of a to be liberal many of politics the Race not be as to and issues as they and were the South, but, to they not a of and race remained a more potent among than among whites party could not as as that the of across the South, but they to that rise in of whites were by racial of but the be to the Republican success in especially at the from the The of the not be as for the party as at not liberal were about several other important and South, were not as progressive as they but nor were they of the racial politics that the of the for that the was a for as well as and in the mid-1960s that could a progressive Republican to especially in the such were not for racial There for the Republican Party in the South, at the and from a to a to Democrats not the they in among but more of Republican in the especially the about the of the GOP across the nation have Republican Party by conservatives to be a have to the party of with a conservatism on race and a of other with the a GOP that in the but in other of the nation. The in recent and the of the Republican Party in the in not have Jacob Javits Nelson whites have the especially in the George W. a majority of the in and in the political the Democrats not have a with have a he In the early the Republican with a as and to in an nation. and was not an that the Republican Party to at convention and that the made to that and in especially the of have the GOP to avoid the of liberal about contingency in the political history of the were after of to the more liberal of the party, but they were not Goldwater a of conservative important in the Republican Party in the and the point of 1968 and the early of the four for the 1968 Republican nomination and the Goldwater on race and other matters. was by that conservatism was the of the for the Nixon too liberal on race for the conservatives the party for the of Romney and Rockefeller in 1968 a to the Republican Party more progressive if not to of they in the that Nixon and in several Romney an Nixon for the party's 1968 but he several of about that a with Nixon Thurmond and his among party have long the in the Party the 1960s, as and a that figures such as Lyndon and should that divisions in the GOP well the Goldwater success of 1964. In the first scholars have divisions within the party of over race and should divisions over more in of the