Abstract:

This article examines Reconstruction as a structural transformation of constitutional authority rather than a discrete expansion of rights. It analyzes the relationship between national citizenship and enforceable civil capacity through the Thirteenth and Fourteenth Amendments, with particular attention to early Supreme Court interpretation. The article reconsiders the Thirteenth Amendment’s enforcement power as a foundation for addressing conditions functionally analogous to civil incapacity. By situating Reconstruction within a sovereignty framework, it advances a structural account of post-Reconstruction jurisprudence and the allocation of institutional authority between federal and state actors.