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

Women and the U.S. Constitution

History, Interpretation, and Practice

By: Sibyl Schwarzenbach (Editor), Patricia Smith (Editor)

Paperback | 18 February 2004 | Edition Number 1

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"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.

Industry Reviews

"This unique anthology examines how assumptions about gender and laws concerning women's property rights and divorce contributed to the development of the Constitution.... It goes on to explore contemporary issues such as abortion, gay rights, and employment discrimination." -- "The Women's Review of Books"

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