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Explore the evolution of citizenship and rights in the early U.S. republic, from the Rights of the Freeborn Englishman to the challenges faced by citizens of a new nation. Delve into key legal cases and developments in citizenship, race, and abolitionism, shedding light on the interplay between natural law and positive law. Gain insights into the status of different groups, including free blacks, paupers, and women, and their struggles for rights and recognition. Discover how legal battles, such as freedom suits and landmark court cases, shaped the landscape of citizenship and the fight for equality in a changing society.
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Subjects, Persons, Rights • Subjects of the King • The Rights of the Freeborn Englishman • Natural Law • Somerset’s Case • “Comity” and the British Empire • Natural Law versus Positive Law
Citizens of a New Republic • Republican citizenship • Status • Local membership • Husband-wife • Master-slave • Free blacks • Paupers • Rights and Citizenship • Sources
Pursuing Rights • “First Wave” Abolitionism • Gradualism • Lawyers and “Rights” • Commonwealth v. Aves • “Second Wave” Abolitionism • Immediatism • Constitutional “lawfare” • Women’s Rights • Public speech • Married Women’s Property Acts
Slavery, Race, and Citizenship • Freedom Suits • Straderv. Graham • The Northwest Ordinance • Jurisdiction and the limits of natural law • Frederick Douglass • Duties of Citizenship • Dred Scott • The end of freedom suits (in Missouri) • Federal Court: Diversity Jurisdiction • The plea in abatement