THE IMPACT OF THE CIVIL WAR (1861–1865) ON CONSTITUTIONAL CHANGES IN THE UNITED STATES AS ILLUSTRATED BY THE 13TH AMENDMENT: A HISTORICAL AND LEGAL STUDY

Abstract

Introduction. This article examines the fundamental impact of the American Civil War (1861–1865) on the American constitutional order through the prism of the drafting, adoption, and consequences of the Thirteenth Amendment to the US Constitution. The pre-conflict Constitution of 1787 not only tolerated but also protected the institution of slavery through provisions such as the “three-fifths compromise” and the decision in Dred Scott v. Sandford (1857), which made nationwide abolition of slavery politically impossible. The Civil War acted as a catalyst that radically changed this landscape, transforming the conflict over the preservation of the Union into a revolutionary struggle for its rethinking.

Summary of the main results of the study. First, the evolution of Union policy from limited military objectives to the complete abolition of slavery is analyzed. It examines in detail President Lincoln’s Emancipation Proclamation (1863), its military logic, and the legal constraints that necessitated irreversible constitutional change. Second, the arti-cle recreates the intense political struggle for the adoption of the 13th Amendment in Congress (1864–1865), where Lincoln’s re-election and his active lobbying played a decisive role. Third, the study analyzes the amendment in the context of the historiographical concept of the “second founding” of the United States (E. Foner), which realized the ideals of freedom postponed in 1787. Fourth, the immediate socio-political consequences of the amendment were identified and analyzed: it not only freed four million people, but also abolished the “three-fifths compromise,” which created a political paradox that required the adoption of the 14th Amendment. Fifth, special attention is paid to the textual analysis of the amendment, in particular the “horrible loophole” in its text, namely “except as punishment for a crime.” The study demonstrates how this clause was immediately exploited by the southern states through “black codes” to create a system of “prison leasing” that recreated slavery in a new form.

Conclusion. Emphasizes that the 13th Amendment was not the end, but the beginning of a long struggle for the realization of freedom. It radically changed the balance of power between the federal government and the states, giving Congress new powers to protect civil rights. The history of the amendment, from its nullification by the Supreme Court in the 19th century to its “rediscovery” in the 20th century (Jones v. Alfred H. Mayer Co.), illustrates that constitutional changes require constant political will to be implemented. The Civil War proved to be the crucible in which the American nation was “refounded,” and the 13th Amendment became the cornerstone of this transformation.