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Articles 1 - 6 of 6
Full-Text Articles in Law
Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli
Gender, Voting Rights, And The Nineteenth Amendment, Paula A. Monopoli
Faculty Scholarship
One hundred years after the woman suffrage amendment became part of the United States Constitution, a federal court has held—for the first time—that a plaintiff must establish intentional discrimination to prevail on a direct constitutional claim under the Nineteenth Amendment. In adopting that threshold standard, the court simply reasoned by strict textual analogy to the Fifteenth Amendment and asserted that “there is no reason to read the Nineteenth Amendment differently from the Fifteenth Amendment.” This paper’s thesis is that, to the contrary, the Nineteenth Amendment is deserving of judicial analysis independent of the Fifteenth Amendment because it has a distinct …
Contesting The Legacy Of The Nineteenth Amendment: Abortion And Equality From Roe To The Present, Mary Ziegler
Contesting The Legacy Of The Nineteenth Amendment: Abortion And Equality From Roe To The Present, Mary Ziegler
University of Colorado Law Review
Beyond the question of suffrage, the Nineteenth Amendment raised the issue of what it would take for women in America to achieve equal citizenship. The meaning of both the Nineteenth Amendment and equality for women remain especially contested in broader conflicts about abortion-and of how those conflicts have changed in fundamental ways in the decades since Roe v. Wade. For some time, fetal rights were pitted against the kinds of concerns about equality for women that drove reformers to seek the vote in 1920. But by the early 1990s, the terms of the conflicts had changed, with both sides claiming …
Not Your Mule? Disrupting The Political Powerlessness Of Black Women Voters, Chinyere Ezie
Not Your Mule? Disrupting The Political Powerlessness Of Black Women Voters, Chinyere Ezie
University of Colorado Law Review
On the one hundredth anniversary of the Nineteenth Amendment, this Article reflects on the legacy of Black women voters. The Article hypothesizes that even though suffrage was hard fought, it has not been a vehicle for Black women to meaningfully advance their political concerns. Instead, an inverse relationship exists between Black women's political participation and their relative level of socioeconomic and political well-being. Taking recent national elections as a case study, the Article identifies two sources of Black women's political powerlessness: "caretaker voting" and the "trapped constituency problem." The Article concludes that Black women's strong voter turnout coupled with their …
More Than The Vote: The Nineteenth Amendment As Proxy For Gender Equality, Tracy Thomas
More Than The Vote: The Nineteenth Amendment As Proxy For Gender Equality, Tracy Thomas
Con Law Center Articles and Publications
The original idea behind the Nineteenth Amendment was never just about the vote. Instead, the first women's rights movement 175 years ago, like the modern movement for the Equal Rights Amendment, sought comprehensive equality for women in all avenues of life. The constitutional text for women’s full equality and emancipation has changed over the centuries; first embodied in the grant of the vote as a proxy for structural change, and now incorporated into the demand for “equal rights.” Yet women have been consistent over time in understanding the radical idea that systems of governance, family, industry, and church need dismantling …
After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy Thomas, Tracey Jean Boisseau
After Suffrage Comes Equal Rights? Era As The Next Logical Step, Tracy Thomas, Tracey Jean Boisseau
Con Law Center Articles and Publications
No abstract provided.
The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs
The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs
American Indian Law Review
No abstract provided.