In this landmark book, the historian Linda K. Kerber opens up this important and neglected subject for the first time. She begins during the Revolution, when married women did not have the same obligation as their husbands to be "patriots," and ends in the present, when men and women still have different obligations to serve in the armed forces.
As a result, American women played a peripheral role in constitutional history until 1920. This pamphlet looks at this role as it developed throughout the nineteenth-century, culminating in 1920 with the passing of the women's sufferage amendment in 1920.
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.
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...
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.
Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.
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 womens 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.
Written by one of the more radical women's rights activists of the nineteenth century and covers a wide range of topics concerning the role of women in American society. It also includes a chapter on the rights of children that focuses on the question of prenatal care.
The Constitutional and Legal Rights of Women: Cases in Law and Social Change is designed to provide undergraduate students with a comprehensive, sophisticated treatment of the legal status of all American women. Authors Baer and Goldstein skillfully blend doctrinal and political developments to document and explain the evolution of women's rights and the law - as well as the dynamics and dissension within the feminist movement. Building on Goldstein's previous editions, this book combines updated material on constitutional law, gender discrimination, and women's rights with new cases and readings on family law, gay rights, and criminal law. This edition takes a more socio-political and institutional approach than other books on women and the law. The authors consider issues such as institutional questions of constitutional interpretation, the scope of judicial power, the balance of federal-state power, the interaction between law and other social and political institutions, and the capacity of law to effect societal change. The inclusion of state and lower federal court decisions greatly strengthens the book's focus on the law's relationship to gendered inequality. equality, advances in reproductive technology law, divorce, child custody, education, same-sex marriage, pornography, and domestic violence. Special features include: a timetable of national women's rights cases and legal changes; readings that present opposing views on issues such as pornography, rape, and the battered woman syndrome; historical coverage; discussion questions following most cases; and a supplemental website.
