The Reconstructionist Weekly: Presidential Pardons and More

Much of The Reconstructionist focuses on Barrett Holmes Pitner’s theory of the American Cycle which helps explain how and why America’s current political crisis mirrors the aftermath of the collapse of Reconstruction in 1877.

As President Donald Trump aggressively implements his regressive agenda the parallels between the past and the present have become abundant and unmistakable. To highlight these parallels, we will publish The Reconstructionist Weekly each Monday, which will provide summaries of the regressive policies that undermine our democracy and how they mirror the past.

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Rollback of Reconstruction Rights

Then → Following the end of Reconstruction, the 14th and 15th Amendments—designed to guarantee citizenship, equal protection, and voting rights for Black Americans—were systematically undermined. During Redemption, Southern states passed Black Codes and later Jim Crow laws, effectively nullifying these constitutional protections. The Supreme Court’s 1883 ruling in the Civil Rights Cases, further gutted the 14th Amendment, allowing private businesses to discriminate by declaring the 1875 Civil Rights Act unconstitutional. Coupled with the rise of racial terror through the increased activity of groups like the Klu Klux Klan, these legal setbacks crushed the progress made during Reconstruction and reinforced white supremacy.

Now → Today, the erosion of civil rights protections continues. Since his reelection, Trump has doubled down on policies that weaken these protections, particularly those rooted in the 14th Amendment’s guarantees of equal protection and citizenship. His administration has aggressively rolled back federal Diversity Equity and Inclusion (DEI) initiatives, cutting federal funding for diversity programs in areas like education. Executive Order 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” restricts race-conscious hiring and admissions policies, further dismantling the remnants of affirmative action. This order rescinds certain provisions of Reconstruction-era Executive Order 11246, originally signed by President Lyndon B. Johnson in 1965, which mandated affirmative action and prohibited employment discrimination by federal contractors. Trump has also expanded immigration crackdowns, targeting birthright citizenship, a fundamental protection under the 14th Amendment. Much like the period of regression after the first Reconstruction, these policies threaten to erode civil rights advancements and reinforce legal barriers to political and economic power for non-white people.

Presidential Pardons

Then → During Congress’ recess in 1865, President Andrew Johnson, a Southern Democrat, unilaterally shaped the early phases of the Reconstruction era. Congress had adjourned in March 1865 and did not reconvene until December, leaving Johnson with the power to dictate policy in the months following the Confederacy’s surrender. Johnson assumed the presidency after Abraham Lincoln’s assassination and favored a lenient approach toward the South, prioritizing rapid reunification over protections for newly freed Black Americans. Throughout his presidency, Johnson granted over 12,500 pardons to former Confederates—including wealthy plantation owners and high-ranking officials—on the condition that they take a simple loyalty oath. As a result, many ex-Confederate leaders regained political influence and Southern states quickly began to pass Black Codes and refused to enforce federal civil rights protections. Johnson’s defiance of Congress led to his impeachment, though he narrowly avoided removal. 

Now → Trump’s pardoning of 1,500 January 6th insurrectionists directly parallels Johnson’s actions by legitimizing an attempt to overthrow democratic governance. The attack on the Capitol in 2021 aimed to disrupt the certification of electoral votes—a clear challenge to the democratic process outlined by the 14th Amendment's guarantee of equal political representation. By pardoning those involved, Trump is not only endorsing political violence but also signaling that loyalty to his cause overrides the rule of law. This mirrors the way Johnson's pardons allowed Confederates to reclaim power and sabotage Reconstruction efforts. Just like Johnson’s pardons enabled the rise of Jim Crow, Trump’s actions work to enable future anti-democratic movements.