Women and the U.S. Constitution is about much more than the nineteenth amendment. This provocative volume incorporates law, history, political theory, and philosophy to analyze the U.S. Constitution as a whole in relation to the rights and fate of women. Divided into three parts—History, Interpretation, and Practice—this book views the Constitution as a living document, struggling to free itself from the weight of a two-hundred-year-old past and capable of evolving to include women and their concerns. Feminism lacks both a constitutional theory as well as a clearly defined theory of political legitimacy within the framework of democracy. The scholars included here take significant and crucial steps toward these theories. In addition to constitutional issues such as federalism, gender discrimination, basic rights, privacy, and abortion, Women and the U.S. Constitution explores other issues of central concern to contemporary women—areas that, strictly speaking, are not yet considered a part of constitutional law. Women's traditional labor and its unique character, and women and the welfare state, are two examples of topics treated here from the perspective of their potentially transformative role in the future development of constitutional law.

Women of the Constitution follows in the footsteps of the 1912 work devoted to biographical sketches of the spouses of the signers of the Declaration of Independence. This book will be the first work devoted exclusively to providing brief biographies of the forty-three wives o...

“A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.

We are all living through modern constitutional history in the making, and Ordinary Equality helps teach about the past, present, and future of the Equal Rights Amendment (ERA) through the lives of the bold, fearless women and queer people who have helped shape the U.S. Constitution. Ordinary Equality digs into the fascinating and little-known history of the ERA and the lives of the incredible—and often overlooked—women and queer people who have helped shape the U.S. Constitution for more than 200 years. Based on author Kate Kelly’s acclaimed podcast of the same name, Ordinary Equality recounts a story centuries in the making. From before the Constitution was even drafted to the modern day, she examines how and why constitutional equality for women and Americans of all marginalized genders has been systematically undermined for the past 100-plus years, and then calls us all to join the current movement to put it back on the table and get it across the finish line. Kate Kelly provides a much-needed fresh perspective on the ERA for feminists of all ages, and this engaging, illustrated look at history, law, and activism is sure to inspire many to continue the fight. Individual chapters tell the stories of Molly Brant (Koñwatsi-tsiaiéñni / Degonwadonti), Abigail Adams, Phillis Wheatley, Matilda Joslyn Gage, Alice Paul, Mary Church Terrell, Pauli Murray, Martha Wright Griffiths, Patsy Takemoto Mink, Barbara Jordan, and Pat Spearman, and features other key players and concepts, including Ruth Bader Ginsburg, Title IX, Danica Roem, and many more.

This book focuses on gender and civic membership in American constitutional politics from the adoption of the Nineteenth Amendment through Second Wave Feminism. It examines how American civic membership is gendered, and how the terms of civic membership available to men and women shape their political identities, aspirations, and behavior. The book also explores the dynamics of American constitutional development through a focus on civic membership--a legal and political construct at the heart of the constitutional order. This is a book about gender politics and constitutional development, and about what each of these can tell us about the other. It considers the options and choices faced by women’s rights activists in the United States as they voiced their claims for civic inclusion from Reconstruction through Second Wave Feminism, and it makes evident the limits of liberal citizenship for women.

Women’s rights advocates in the United States have long argued that violence against women denies women equality and citizenship, but it took a movement of feminist activists and lawyers, beginning in the late 1960s, to set about realizing this vision and transforming domestic violence from a private problem into a public harm. This important book examines the pathbreaking legal process that has brought the pervasiveness and severity of domestic violence to public attention and has led the United States Congress, the Supreme Court, and the United Nations to address the problem. Elizabeth Schneider has played a pioneering role in this process. From an insider’s perspective she explores how claims of rights for battered women have emerged from feminist activism, and she assesses the possibilities and limitations of feminist legal advocacy to improve battered women’s lives and transform law and culture. The book chronicles the struggle to incorporate feminist arguments into law, particularly in cases of battered women who kill their assailants and battered women who are mothers. With a broad perspective on feminist lawmaking as a vehicle of social change, Schneider examines subjects as wide-ranging as criminal prosecution of batterers, the civil rights remedy of the Violence Against Women Act of 1994, the O. J. Simpson trials, and a class on battered women and the law that she taught at Harvard Law School. Feminist lawmaking on woman abuse, Schneider argues, should reaffirm the historic vision of violence and gender equality that originally animated activist and legal work.

This collection of essays assembles the wit and wisdom of Robert Goldwin, who has worked in the White House as a clarifier of ideas for the President. The essays are organized in five parts, covering the U.S. Constitution, human rights, political philosophy, international diplomacy, and liberal education. Goldwin establishes that the framers of the Constitution were devoted to the traditions of individual liberty and democracy, and he examines Locke's views on property and the state of nature. Other topics include: rights versus duties; human rights as the moral foundation of American foreign policy; the Law of the Sea; liberal arts students and their alienation from families, community, and tradition; and the future of liberal education. ISBN 0-8447-3693-7: $16.95.