Because people during the reconstruction were fighting due to slavery (the civil war) or the rights of african americans. The civil right movement was like a continuation or amendment of that reconstruction era to guarantee people of all races the same rights and abolish racial segregation; this actually never came to light when slavery was abolished and the reconstruction era ended.
Winthrop believes that the new constitution controls the entirety of how the people under the law would function. He believes people can only function to a certain extent. There should be a different level of rules followed by the people.