University of Virginia Legal Working Paper Series
University of Virginia Public Law and Legal Theory Working Paper Series
Textual Corruption in the Civil Rights Cases
Abstract
The Civil Rights Cases were the first to elucidate the relationship between the Thirteenth and Fourteenth Amendments and they still have force as a measure of congressional power to enforce the Reconstruction amendments. Yet the official text of the Civil Rights Cases is marred by a printer's error that confuses the two amendments. This flagrant mistake has yet to be corrected, although it is widely acknowledged in unofficial reports of the decision. This paper presents evidence from the original copies of the majority opinion, prepared by Justice Bradley and filed with the Clerk of the Supreme Court, supporting correction of this mistake. This paper explains why Justice Bradley's version of the opinion was right, why the officially reported version was wrong, how the mistake was made, and why it should now--after 125 years--be corrected.
Subject Area
Civil Rights, Legal History, Public Law and Legal Theory
Recommended Citation
George A. Rutherglen,
"Textual Corruption in the Civil Rights Cases"
(October 2008).
University of Virginia Legal Working Paper Series.
University of Virginia Public Law and Legal Theory Working Paper Series.
Working Paper 105.
http://law.bepress.com/uvalwps/uva_publiclaw/art105
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