Constitutional Orphan: Gender Equality and the Nineteenth Amendment
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- Synopsis
- In Constitutional Orphan, Professor Paula Monopoli explores the significant role of former suffragists in the constitutional development of the Nineteenth Amendment -- the woman suffrage amendment ratified in 1920. She sheds new light on the connection between the suffragists as institutional actors in civil society and the emergence of a "thin" conception of the Nineteenth Amendment as a mere nondiscrimination in voting rule, rather than a robust equality norm. In this compelling legal history, Monopoli illuminates how the Nineteenth had implications for federalism, women's citizenship and the definition of equality, as well as how gender, race and class intersect to affect our constitutional development. Monopoli explores the choice by both the National Woman's Party and the National American Woman Suffrage Association to turn away from African American suffragists who were denied the vote even after ratification of the Nineteenth Amendment. Using original sources, legislative history and case analysis, she develops a persuasive theory connecting that moral and strategic failure to the emergence of a narrow interpretation of the amendment. Monopoli also evaluates the impact of class divisions among former suffragist allies. These divisions around support for the NWP's Equal Rights Amendment, found social feminists opposing that "blanket" amendment for fear of its impact on the constitutional validity of protective labor legislation for working-class women. Monopoli details how many state courts, left without federal enforcement legislation to guide them, used strict construction to cabin the emergence of a more robust interpretation of the Nineteenth Amendment, as a broad equality norm. She concludes with an examination of new legal scholarship that suggests ways in which such a robust understanding of the Nineteenth Amendment could be used today to expand gender equality. In this compelling legal history, Monopoli illuminates how gender, race and class intersect to affect our constitutional development.
- Copyright:
- 2020
Book Details
- Book Quality:
- Publisher Quality
- ISBN-13:
- 9780190092801
- Related ISBNs:
- 9780190092795, 9780190092818
- Publisher:
- Oxford University Press
- Date of Addition:
- 12/18/22
- Copyrighted By:
- N/A
- Adult content:
- No
- Language:
- English
- Has Image Descriptions:
- No
- Categories:
- History, Nonfiction, Law, Legal Issues and Ethics
- Submitted By:
- Bookshare Staff
- Usage Restrictions:
- This is a copyrighted book.