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The Nineteenth Amendment, Sex Equality, Federalism, and the Family
VOLUME 115 FEBRUARY 2002 NUMBER 4 HARVARD LAW REVIEW ARTICLE SHE THE PEOPLE: THE NINETEENTH AMENDMENT, SEX EQUALITY, FEDERALISM, AND THE FAMILY Reva B. Siegel TABLE OF CONTENTS IN TRO D UCTIO N ............................................................................................................................... 948 I. THE SEX DISCRIMINATION PARADIGM ............................................................................... 953 II. TOWARD A SYNTHETIC READING OF THE FOURTEENTH AND NINETEENTH AMEND- MENTS: A NEW HISTORICAL FOUNDATION FOR SEX DISCRIMINATION DOCTRINE ....... 96o A. Frontiero's Use of History in Building the Race Analogy ................................................ 961 B. Analogical and Synthetic Interpretation:A New Role for History in Sex Discrim inationD octrine..................................................................................................... 965 C. HistoricalTies Between the Fourteenth and Nineteenth Amendments ......................... 968 D. Reading the Suffrage Debates: Some PreliminaryRemarks ........................................... 976 III. VOTING AND THE FAM ILY ...................................................................................................... 977 A. Virtual Representation:Male Household Headship in Public and Private Law .......... 981 B. "Self-Government": The Woman Suffrage Rejoinder....................................................... 987 C. The Surrejoinder:Marital Unity Arguments Against Woman Suffrage ......................... 993 IV. OF FAMILIES, -
Constitutional Amendments That Never Were
Constitutional Amendments That Never Were By Jon Bradley King However, certain proposals have received the The minute globe we inhabit has been partitioned by requisite two-thirds vote of both the House and Senate, the forces of language, religion and war into almost 170 yet have failed to win the necessary three-fourths of the ?atio?-states. These sovereign entities, varying widely states to their cause. This article will discuss these In Size, strength and political system share one ill-fated measures: the constitutional amendments that common characteristic: each has a body of laws and never were. customs reflecting the collective perception of its When the Founding Fathers brought forth their citizenry regarding the proper attributes of their work to the waiting world, the result was viewed by government, in short, a "constitution." In some states, some with alarm. Richard Henry Lee of Virginia, such as Great Britain and Saudi Arabia, the proclaiming that a "coalition of monarchy men . fundamental law is not contained in a single written aristocrats and drones" had authored the document, text. In other nations, China for example, the proposed a Bill of Rights as "necessary against the constitution is a veritable laundry list specifying in encroachments of power upon the indispen~able rights wearisome detail precisely what the state is of human nature." Several states ratified the proposed empowered to do. While some countries revere their constitutions and view alterations of the basic law with Constitution only upon the condition that amendments great hesitancy, other states, such as strife-torn Bolivia, be adopted to guarantee the rights of states and the have seen one military strongman after another people in the new federal government. -
Hearing on the Equal Rights Amendment
Written Statement of Elizabeth Price Foley Professor of Law Florida International University College of Law Hearing on the Equal Rights Amendment Committee on the Judiciary U.S. House of Representatives April 30, 2019 Chairman Nadler, Ranking Member Collins, and members of the Committee, thank you for the opportunity to discuss the procedures for ratification of the Equal Rights Amendment ("ERA"). I am a tenured, full Professor of Law at Florida International University College of Law, a public law school located in Miami, where I teach constitutional law. I also serve Of Counsel with the Washington, D.C. office of BakerHostetler, LLP, where I practice constitutional and appellate law. I. Background on Ratification of the Equal Rights Amendment An Equal Rights Amendment was first proposed in 1921 but did not receive approval of the requisite two-thirds supermajority of the House and Senate until March 22, 1972. The text of the proposed amendment reads as follows: Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification.1 The Joint Resolution proposing the ERA contained a preamble limiting the allowed period of ratification to seven years: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress.2 The seven-year ratification period expired on March 22, 1979. -
Thirteenth Amendment A
University of Cincinnati College of Law University of Cincinnati College of Law Scholarship and Publications Faculty Articles and Other Publications College of Law Faculty Scholarship 2003 Stopping Time: The rP o-Slavery and 'Irrevocable' Thirteenth Amendment A. Christopher Bryant University of Cincinnati College of Law, [email protected] Follow this and additional works at: http://scholarship.law.uc.edu/fac_pubs Part of the Constitutional Law Commons, and the Legal History, Theory and Process Commons Recommended Citation Bryant, A. Christopher, "Stopping Time: The rP o-Slavery and 'Irrevocable' Thirteenth Amendment" (2003). Faculty Articles and Other Publications. Paper 63. http://scholarship.law.uc.edu/fac_pubs/63 This Article is brought to you for free and open access by the College of Law Faculty Scholarship at University of Cincinnati College of Law Scholarship and Publications. It has been accepted for inclusion in Faculty Articles and Other Publications by an authorized administrator of University of Cincinnati College of Law Scholarship and Publications. For more information, please contact [email protected]. STOPPING TIME: THE PRO-SLAVERY AND "IRREVOCABLE" THIRTEENTH AMENDMENT • A. CHRISTOPHER BRYANT I. EXTRALEGAL AUTHORITY AND THE CREATION OF ARTICLE V ...................................... 505 II. HISTORICAL CONTEXT OF THE CORWIN AMENDMENT .......................................................... 512 III. LEGISLATIVE HISTORY OF THE CORWIN AMENDMENT ......................................................... 520 A. Debate in -
Constitutional Convention: Lesson Plan
Constitutional Convention (Philadelphia 1787): The Birth of the Constitution- History of the United States Series | Academy 4 Social Change Constitutional Convention: Lesson Plan Topic The Constitutional Convention was a meeting of delegates from 12 out of the 13 states that was held in Philadelphia from May to September 1787. George Washington was elected president of the Convention, and other delegates included James Madison, Ben Franklin, and Alexander Hamilton. Though their original objective was only to amend the Articles of Confederation, the delegates quickly decided to draft an entirely new document instead. This new Constituti on outlined a federalist form of government with a bicameral legislature, three distinct branches, and a comprehensive system of checks and balances. Possible subjects/classes Time needed ● Government ● History 45 - 60 min ● Politics Video link: https://academy4sc.org/topic/constitutional-convention-the-birth-of-the-constituti on/ Objective: What will students know/be able to do at the end of class? Students will be able to... ● Explain why the Constitutional Convention happened. ● Describe some of the main debates during the Convention, and provide the arguments of each side. ● Explain the lasting impact of the decisions made at the Constitutional Convention. Key Concepts & Vocabulary American Revolutionary War, Delegates, separation of powers, ratification Materials Needed Worksheet, Student Internet Access (Optional) Constitutional Convention (Philadelphia 1787): The Birth of the Constitution- History of the United States Series | Academy 4 Social Change Before you watch Quick write: Ask students to make a list of words and phrases that come to mind when they are asked about the Constitution (responses may include “Founding Fathers,” “amendments,” etc). -
Constitution of the United States of America—17871
CONSTITUTION OF THE UNITED STATES OF AMERICA—1787 1 WE THE PEOPLE of the United States, in Order to SECTION. 2. 1 The House of Representatives form a more perfect Union, establish Justice, shall be composed of Members chosen every sec- insure domestic Tranquility, provide for the ond Year by the People of the several States, common defence, promote the general Welfare, and the Electors in each State shall have the and secure the Blessings of Liberty to our- Qualifications requisite for Electors of the most selves and our Posterity, do ordain and estab- numerous Branch of the State Legislature. lish this Constitution for the United States of 2 No Person shall be a Representative who America. shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the ARTICLE. I. United States, and who shall not, when elected, SECTION 1. All legislative Powers herein grant- be an Inhabitant of that State in which he shall ed shall be vested in a Congress of the United be chosen. States, which shall consist of a Senate and 3 Representatives and direct Taxes shall be ap- House of Representatives. portioned among the several States which may be included within this Union, according to their respective Numbers, which shall be deter- 1 This text of the Constitution follows the engrossed copy signed by Gen. Washington and the deputies from 12 States. The mined by adding to the whole Number of free small superior figures preceding the paragraphs designate Persons, including those bound to Service for a clauses, and were not in the original and have no reference to Term of Years, and excluding Indians not taxed, footnotes. -
Virtue, Size, and Liberty
Per Mouritsen VIRTUE, SIZE, AND LIBERTY Republican Citizenship at the American Founding Introduction he purpose of this article* is to examine conceptions and argu- Tments about citizenship as they became formulated in the con- stitutional debate surrounding the Philadelphia Convention. This context, I shall argue, was an important setting of republican thought – a category in need of clarification. The paper traces the several manners that republican concerns with the conditions of liberty were reformulated, challenged, and eventually (all but) defeated in the context of the possibility – or spectre – of a commercial, federal, and above all large republic. These republican traces are hopefully inter- esting in themselves. The structure and flavour of my representation of the movement of concerns in early American constitutional dis- course also suggests to observers of present day and coming Euro- pean Union debate that in more ways than we may think – particu- larly in small Nordic countries – ‘we have been there before’.1 * This article was presented at the ECPR-joint sessions, April 2000 in Copenhagen, in the workshop ‘Citizenship in a Historical Perspective’. I am grateful for helpful comments from this audience as from an anonymous reviewer of this journal. 126 VIRTUE, SIZE, AND LIBERTY The American scene was different from previous contexts of re- publican discourse in several ways. First, free-holding and absence of feudal structures had created a social levelling unseen in the Old World. Americans considered themselves fundamentally equal as oppressed subjects of the British crown. The War of Independence bred a revolutionary ideology, based on doctrines of natural rights and just resistance against tyranny, which were enshrined in state constitutions, created in 1776-77 under the umbrella of the Confed- eration. -
The Balanced Budget Amendment
The Balanced Budget Amendment The lack of any enforcement mechanism in current proposals to amend the Constitution to require a balanced budget could result in the transfer of power over fundamental political questions of taxing and spending to the courts. This would represent a substantial reordering of our basic con stitutional structure. Before resorting to the drastic step of amending the Constitution, Congress should explore other reason able alternatives, including line item veto legislation. January 23, 1995 S t a t e m e n t B e f o r e t h e J o i n t E c o n o m i c C o m m i t t e e U n i t e d S t a t e s C o n g r e s s I appreciate this opportunity to present the views of the Department of Justice on proposals to amend the Constitution to require a balanced budget, including Senate Joint Resolution 1 and House Joint Resolution 1. For the most part, my comments will reflect the concerns that I raised on behalf of the Administration in testimony last year before the Senate Appropriations Committee1 and in testi mony and statements this year before the Senate Judiciary Committee2 and the Subcommittee on the Constitution of the House Judiciary Committee.3 I will also respond to some of the comments and suggestions made during this year’s hearings in both the House and the Senate. As I indicated in my earlier testimony and statements, the primary concern of the Department of Justice is that the proposed amendments fail to address the critical question of how they will be enforced. -
The Three-Fifths Compromise 2.7
The Three-Fifths Compromise 2.7 The Three-Fifths Compromise was a compromise reached between delegates from southern states and those from northern states during the 1787 United States Constitutional Convention. The debate was over if, and if so, how, slaves would be counted when determining a state's total population for legislative representation and taxing purposes. The issue was important, as this population number would then be used to determine the number of seats that the state would have in the United States House of Representatives for the next ten years, and to determine what percentage of the nation's direct tax burden the state would have to bear. The compromise was proposed by delegates James Wilson and Roger Sherman. The Convention had unanimously accepted the principle that representation in the House of Representatives would be in proportion to the relative state populations. However, since slaves could not vote, non-slaves in slave states would thus have the benefit of increased representation in the House and the Electoral College. Delegates opposed to slavery proposed that only free inhabitants of each state be counted for apportionment purposes, while delegates supportive of slavery, on the other hand, opposed the proposal, wanting slaves to count in their actual numbers. A compromise which was finally agreed upon—of counting "all other persons" as only three-fifths of their actual numbers—reduced the representation of the slave states relative to the original proposals, but improved it over the Northern position.[1] An inducement for slave states to accept the Compromise was its tie to taxation in the same ratio, so that the burden of taxation on the slave states was also reduced. -
Political Discourse and the Pennsylvania Constitution, 1776 - 1790
Virtuous Democrats, Liberal Aristocrats: Political Discourse and the Pennsylvania Constitution, 1776 - 1790 Inauguraldissertation zur Erlangung des Grades eines Doktors der Philosophie im Fachbereich 10 – Neuere Philologien der Johann Wolfgang Goethe-Universität zu Frankfurt am Main vorgelegt von Thomas W. Clark aus Frankfurt am Main 2001 If we can agree where the liberty and freedom of the people lies, that will do all. - Colonel Ireton, The Putney Debates But, notwithstanding this almost unanimous agreement in favour of liberty, neither were all disposed to go the same lenghts for it, nor were they perfectly in unison in the idea annexed to it. - Alexander Graydon, Memoirs of a Life, Chiefly passed in Pennsylvania Fraud lurks in generals. There is not a more unintelligible word in the English language than republicanism. - John Adams to Mercy Otis Warren CONTENTS PREFACE vi LIST OF ABBREVIATIONS xi 1. PART I REVOLUTIONARY PARADIGMS 1.1 Ex Uno Plures or The American Revolution as a Discourse Community 1 1.1.1 Truth and Difference, Republicans and Scholars 1 1.1.2 Revolutionary Pennsylvania as a Discourse Community 18 1.2 Revolutionary Ideology between Republicanism and Liberalism 36 1.2.1 Liberalism Versus Republicanism 36 1.2.2 Classical Republicanism 42 1.2.3 Liberalism 55 1.2.4 Transformation, Opposition, Permeation 61 1.3 Social as Political Conflict: The Few, the Many, the People 75 1.3.1 Rhetoric, Reality, and Radicalism 75 1.3.2 The Discourse of Popular Sovereignty 87 1.3.3 Limiting and Affirming the People: an Exemplary Analysis 96 1.4 Deference to Diversity: Politics and Society in Pennsylvania 105 1.4.1 Quaker Conflict and Hegemony 107 1.4.2 Ethnocultural Pluralism, Sectionalism and the Politics of Heterogeneity 115 1.4.3 Social Diversity and the Emergence of Popular Radicalism 124 1.4.4 Power Struggles, 1776-1790 136 2. -
The Westchester Historian Index, 1990 – 2019
Westchester Historian Index v. 66-95, 1990 – 2019 Authors ARIANO, Terry Beasts and ballyhoo: the menagerie men of Somers. Summer 2008, 84(3):100-111, illus. BANDON, Alexandra If these walls could talk. Spring 2001, 77(2):52-57, illus. BAROLINI, Helen Aaron Copland lived in Ossining, too. Spring 1999, 75(2):47-49, illus. American 19th-century feminists at Sing Sing. Winter, 2002, 78(1):4-14, illus. Garibaldi in Hastings. Fall 2005, 81(4):105-108, 110, 112-113, illus. BASS, Andy Martin Luther King, Jr.: Visits to Westchester, 1956-1967. Spring 2018, 94(2):36-69, illus. BARRETT, Paul M. Estates of the country place era in Tarrytown. Summer 2014, 90(3):72-93, illus. “Morning” shines again: a lost Westchester treasure is found. Winter 2014, 90(1):4-11, illus. BEDINI, Silvio A. Clock on a wheelbarrow: the advent of the county atlas. Fall 2000, 76(4):100-103, illus. BELL, Blake A. The Hindenburg thrilled Westchester County before its fiery crash. Spring 2005, 81(2):50, illus. John McGraw of Pelham Manor: baseball hall of famer. Spring 2010, 86(2):36-47, illus. Pelham and the Toonerville Trolley. Fall 2006, 82(4):96-111, illus. The Pelhamville train wreck of 1885: “One of the most novel in the records of railroad disasters.” Spring 2004, 80(2):36-47, illus. The sea serpent of the sound: Westchester’s own sea monster. Summer 2016, 92(3):82-93. Thomas Pell’s treaty oak. Summer 2002, 78(3):73-81, illus. The War of 1812 reaches Westchester County. -
Democratic Disaffection: on the Pathologies of Postwar Democracy
DEMOCRATIC DISAFFECTION: ON THE PATHOLOGIES OF POSTWAR DEMOCRACY A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Kyong Min Son August 2012 © 2012 Kyong Min Son DEMOCRATIC DISAFFECTION: ON THE PATHOLOGIES OF POSTWAR DEMOCRACY Kyong Min Son, Ph. D. Cornell University 2012 This dissertation interrogates the phenomenon of disaffection in post-World War II democracies and, in doing so, offers a theory of the affective dimension of democratic politics. Although many countries have formally democratized after World War II, they suffer from political apathy, withdrawal, and disillusionment—in short, disaffection. Why have democratic institutions failed to inspire popular support necessary to sustain democratic forms of life? A dominant strand of democratic theory represented by Rawls and Habermas is not well-equipped to address this vital question, insofar as it fails to consider how affect works with reason, not as a subsidiary but an equally constitutive force, in establishing and realizing norms of democratic politics. This is theoretically blinding since a unique frame of democracy that became dominant in the postwar era (which I call “instrumental democracy”) has systemic tendencies to produce democratic disaffection. Instrumental democracy reduces democracy to an instrument that merely legitimizes, rather than contests or renegotiates, political goals predetermined by elites and technocrats. I trace the origins of instrumental democracy to the Cold War when anti-totalitarianism, market capitalism, and a highly insulted technocracy concomitantly emerged to the effect of dissolving the collective, public dimension of democracy. I scrutinize the logics of instrumental democracy by analyzing behavioralism and rational choice theory as symptomatic articulations of Cold War imperatives, and investigate its evolution in the late twentieth century by examining democratization in Chile and South Korea.