Oklahoma Academic Standard 1. The student will analyze the transformation of the United States through its civil rights struggles, immigrant experiences, and settlement of the American West in the Post-Reconstruction Era, 1865 to the 1920s.

Objective 1.1  Explain the constitutional issues that arise in the post-Civil War era including federalism, separation of powers, and the system of checks and balances.

In a Nutshell

Following the Civil War the United States had to grapple with a reinterpretation of federalism in which the power and dominance of the national government compelled the states to follow federal standards. Students should grasp how Constitutional issues were tested by state governments in the Reconstruction South. Understanding these examples of historical conflicts will prepare students to grapple with similar contemporary Constitutional issues regarding federalism. 

Teacher Action 

Student Action 

• Assist students in evaluating the impact of the structure and power exercised by local, state, and national institutions on public policy in regards to points of agreement and disagreement between state and national powers. 

• Gather, organize, and analyze various kinds of primary and secondary source evidence related to the changing powers of state powers and the increased use of federal authority during the Reconstruction era.

Key Concepts 

Misconceptions 

• abolition of slavery according  (13th Amendment), suffrage extended to freed slaves by the 15th Amendment, 14th Amendment's protection from discrimination by states  

• new southern state legislatures passage of restrictive “black codes”

• triumph of the more radical wing of the Republican Party

• newly enfranchised blacks and exercise of their voice in government

• Johnson's vetoes of Congressional reactions to black codes, prompting impeachment

• Civil Rights Act as first major bill to become law over presidential veto

• Compromise of 1876 marking the end of Reconstruction 

• Students often misunderstand that the Constitution is a living document and its interpretation has evolved with the climate of the era and the addition of amendments. 

• Some students struggle with comprehending why the Civil War and Reconstruction were not entirely successful in ending racism and discrimination, failing to recognize the fact that the power of laws are limited when faced with a lack of commitment and enforcement.

Instructional Resources