This episode of The Justice Briefing is different. Instead of starting with a current event and working backward to the history, Dr. Jemar Tisby does what he loves most: he tells stories.
Diving back into primary source research for his new Substack series, History Rhymes: Democracy and Voting Rights Edition, left him feeling like a grad student again, brimming with material he could not wait to share. So he devoted a full episode to three of those stories.
The first is about the Congress that refused to seat more than sixty former Confederates in December 1865, overrode a president more than a dozen times, and wrote insurrection into the official record.
The second is about the 1868 Charleston constitutional convention, the only one in American history with a Black majority, where recently emancipated men wrote the most democratic document South Carolina had ever seen and included the children of the people who had enslaved them.
The third is about Amos T. Akerman, a former Confederate and enslaver who became attorney general and prosecuted the first Ku Klux Klan out of existence for forty years.
Taken together, the three stories make one argument: Congress has the power, it lacks the will, and history has the receipts.
Topics Addressed
- Why the first iteration of the Ku Klux Klan disbanded in the mid-1870s and did not reconstitute until 1915
- The 1868 South Carolina constitutional convention: 76 Black delegates out of 124, and the only Black-majority state legislature in U.S. history
- What Black delegates actually wrote into the state constitution, including free public schools, protected suffrage, women's property rights, and a permanent ban on secession
- The three Enforcement Acts, and why the Ku Klux Klan Act finally worked by naming the state itself as the defendant
Resources Referenced
- Here's What Congress Did When Members Had a Spine
- When Black People Wrote the Constitution
- When the Department of Justice Prosecuted the Ku Klux Klan Out of Existence
- The Spirit of Justice by Jemar Tisby: bit.ly/spiritofjustice
- A Way Forward: Hope in Uncertain Times, Nashville, August 28-30, with Rep. Justin Pearson, Shane Claiborne, and others. Free, but registration is required: Register here
Support This Work
History Rhymes: Democracy and Voting Rights Edition runs weekly through the 2026 midterms, roughly twelve installments in all. The episodes are free. The articles are free. The research is not.
If this is the kind of work you want more of, become a paid subscriber at JemarTisby.Substack.com. It is $5.83 a month on the annual plan. Less than six dollars for history from a PhD historian who spent years learning the tools of the discipline to bring it to you.
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