Women and the U.S. Constitution: History, Interpretation, and Practice

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Sibyl A. Schwarzenbach, Patricia Smith
Columbia University Press, 18/02/2004 - 448 páginas

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.

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Índice

The Forgotten Value of Civic Friendship
1
The Founding Period
21
2 Representatoin of Women in the Constitution
23
Women and Divorce in the Early Republic
34
Gender and Its Connection to Economic Considerations
45
RECONSTRUCTION
51
5 Women Bondage and the Reconstructed Constitution
53
A Call for Reparations
70
12 Battered Women Feminist Lawmaking Privacy and Equality
197
13 Infringements of Womens Constitutional Rights in Religious Lawmaking on Abortion
221
14 What Place for Family Privacy?
236
15 The Right to Privacy and GayLesbian Sexuality
255
WOMEN AND WORK
271
Race Sex and Fair Employment
273
A Structural Approach
292
Women and Economics Revisited
314

WOMEN AND THE WELFARE STATE
91
Race Gender and US Welfare Policy
93
Affirmative Obligation and the Feminization of Poverty
108
PART 2 Interpretation
125
9 Federalisms Feminism Families and the Constitution
127
10 Whats Privacy Got to Do With It? A Comparitive Approach to the Feminist Critique
153
Initiating a Dialogue
176
PRIVACY AND FAMILY LAW
195
PART 3 Practice Citizenship and the Equal Rights Amendment
333
The Virginia Military Institute Case
335
An Alternative Route to Constitutional Equality for US Women
347
21 Whatever Happened to the ERA?
365
About the Contributors
379
Index
385
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Sibyl A. Schwarzenbach is associate professor of philosophy at Baruch College and The Graduate Center, The City University of New York. She is the author of On Civic Friendship (forthcoming) as well as of numerous articles in social, political, and feminist theory. Patricia Smith is professor of philosophy at Baruch College and The Graduate Center, The City University of New York. She is the author of Liberalism and Affirmative Obligation and the editor of numerous volumes including Feminist Jurisprudence.

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