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2. Representation of Women in the Constitution
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Chapters in this book
- Frontmatter i
- Contents vii
- Preface xi
- Acknowledgments xv
- 1. Women and Constitutional Interpretation: The Forgotten Value of Civic Friendship 1
-
Part 1: History
-
The Founding Period
- 2. Representation of Women in the Constitution 23
- 3. Declarations of Independence: Women and Divorce in the Early Republic 34
- 4. The Explanation Lies in Property: Gender and Its Connection to Economic Considerations 45
-
Reconstruction
- 5. Women, Bondage, and the Reconstructed Constitution 53
- 6. The Unkept Promise of the Thirteenth Amendment: A Call for Reparations 70
-
Women and the Welfare State
- 7. The Culture of Work Enforcement: Race, Gender and U.S. Welfare Policy 93
- 8. The Silent Constitution: Affirmative Obligation and the Feminization of Poverty 108
-
Part 2: Interpretation
-
The U.S. Constitution in Comparative Context
- 9. Federalism(s), Feminism, Families, and the Constitution 127
- 10. What’s Privacy Got to Do With It? A Comparative Approach to the Feminist Critique 153
- 11. Women’s Human Rights and the U.S. Constitution: Initiating a Dialogue 176
-
Privacy and Family Law
- 12. Battered Women, Feminist Lawmaking, Privacy, and Equality 197
- 13. Infringements of Women’s Constitutional Rights in Religious Lawmaking on Abortion 221
- 14. What Place for Family Privacy? 236
- 15. The Right to Privacy and Gay/Lesbian Sexuality: Beyond Decriminalization to Equal Recognition 255
-
Women and Work
- 16. The Gender of Discrimination: Race, Sex, and Fair Employment 273
- 17. Second Generation Employment Discrimination: A Structural Approach 292
- 18. Our Economy of Mothers and Others: Women and Economics Revisited 314
-
Part 3: Practice
-
Citizenship and the Equal Rights Amendment
- 19. Women and Citizenship: The Virginia Military Institute Case 335
- 20. “Heightened Scrutiny”: An Alternative Route to Constitutional Equality for U.S. Women 347
- 21. Whatever Happened to the ERA? 365
- About the Contributors 379
- Index 385
Chapters in this book
- Frontmatter i
- Contents vii
- Preface xi
- Acknowledgments xv
- 1. Women and Constitutional Interpretation: The Forgotten Value of Civic Friendship 1
-
Part 1: History
-
The Founding Period
- 2. Representation of Women in the Constitution 23
- 3. Declarations of Independence: Women and Divorce in the Early Republic 34
- 4. The Explanation Lies in Property: Gender and Its Connection to Economic Considerations 45
-
Reconstruction
- 5. Women, Bondage, and the Reconstructed Constitution 53
- 6. The Unkept Promise of the Thirteenth Amendment: A Call for Reparations 70
-
Women and the Welfare State
- 7. The Culture of Work Enforcement: Race, Gender and U.S. Welfare Policy 93
- 8. The Silent Constitution: Affirmative Obligation and the Feminization of Poverty 108
-
Part 2: Interpretation
-
The U.S. Constitution in Comparative Context
- 9. Federalism(s), Feminism, Families, and the Constitution 127
- 10. What’s Privacy Got to Do With It? A Comparative Approach to the Feminist Critique 153
- 11. Women’s Human Rights and the U.S. Constitution: Initiating a Dialogue 176
-
Privacy and Family Law
- 12. Battered Women, Feminist Lawmaking, Privacy, and Equality 197
- 13. Infringements of Women’s Constitutional Rights in Religious Lawmaking on Abortion 221
- 14. What Place for Family Privacy? 236
- 15. The Right to Privacy and Gay/Lesbian Sexuality: Beyond Decriminalization to Equal Recognition 255
-
Women and Work
- 16. The Gender of Discrimination: Race, Sex, and Fair Employment 273
- 17. Second Generation Employment Discrimination: A Structural Approach 292
- 18. Our Economy of Mothers and Others: Women and Economics Revisited 314
-
Part 3: Practice
-
Citizenship and the Equal Rights Amendment
- 19. Women and Citizenship: The Virginia Military Institute Case 335
- 20. “Heightened Scrutiny”: An Alternative Route to Constitutional Equality for U.S. Women 347
- 21. Whatever Happened to the ERA? 365
- About the Contributors 379
- Index 385