Equal Means Equal


Book Description

When the Equal Rights Amendment was first passed by Congress in 1972, Richard Nixon was president and All in the Family's Archie Bunker was telling his feisty wife Edith to stifle it. Over the course of the next ten years, an initial wave of enthusiasm led to ratification of the ERA by thirty-five states, just three short of the thirty-eight states needed by the 1982 deadline. Many of the arguments against the ERA that historically stood in the way of ratification have gone the way of bouffant hairdos and Bobby Riggs, and a new Coalition for the ERA was recently set up to bring the experience and wisdom of old-guard activists together with the energy and social media skills of a new-guard generation of women. In a series of short, accessible chapters looking at several key areas of sex discrimination recognized by the Supreme Court, Equal Means Equal tells the story of the legal cases that inform the need for an ERA, along with contemporary cases in which women's rights are compromised without the protection of an ERA. Covering topics ranging from pay equity and pregnancy discrimination to violence against women, Equal Means Equal makes abundantly clear that an ERA will improve the lives of real women living in America.




The People’s Constitution


Book Description

The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.




We the Women


Book Description

Ruth Bader Ginsburg believed that the equal rights of women belonged in the Constitution. She stood on the shoulders of brilliant women who persisted across generations to change the Constitution. We the Women tells their stories, showing what’s at stake in the current battle for the Equal Rights Amendment. The year 2020 marks the centennial the Nineteenth Amendment, guaranteeing women’s constitutional right to vote. But have we come far enough? After passage of the Nineteenth Amendment, revolutionary women demanded full equality beyond suffrage, by proposing the Equal Rights Amendment (ERA). Congress took almost fifty years to adopt it in 1972, and the states took almost as long to ratify it. In January 2020, Virginia became the final state needed to ratify the amendment. Why did the ERA take so long? Is it too late to add it to the Constitution? And what could it do for women? A leading legal scholar tells the story of the ERA through the voices of the bold women lawmakers who created it. They faced opposition and subterfuge at every turn, but they kept the ERA alive. And, despite significant victories by women lawyers like Ruth Bader Ginsburg, the achievements of gender equality have fallen short, especially for working mothers and women of color. Julie Suk excavates the ERA’s past to guide its future, explaining how the ERA can address hot-button issues such as pregnancy discrimination, sexual harassment, and unequal pay. The rise of movements like the Women’s March and #MeToo have ignited women across the country. Unstoppable women are winning elections, challenging male abuses of power, and changing the law to support working families. Can they add the ERA to the Constitution and improve American democracy? We the Women shows how the founding mothers of the ERA and the forgotten mothers of all our children have transformed our living Constitution for the better.




Constitution


Book Description




Ordinary Equality


Book Description

We are all living through modern constitutional history in the making, and Ordinary Equality helps teach about the past, present, and future of the Equal Rights Amendment (ERA) through the lives of the bold, fearless women and queer people who have helped shape the U.S. Constitution. Ordinary Equality digs into the fascinating and little-known history of the ERA and the lives of the incredible—and often overlooked—women and queer people who have helped shape the U.S. Constitution for more than 200 years. Based on author Kate Kelly’s acclaimed podcast of the same name, Ordinary Equality recounts a story centuries in the making. From before the Constitution was even drafted to the modern day, she examines how and why constitutional equality for women and Americans of all marginalized genders has been systematically undermined for the past 100-plus years, and then calls us all to join the current movement to put it back on the table and get it across the finish line. Kate Kelly provides a much-needed fresh perspective on the ERA for feminists of all ages, and this engaging, illustrated look at history, law, and activism is sure to inspire many to continue the fight. Individual chapters tell the stories of Molly Brant (Koñwatsi-tsiaiéñni / Degonwadonti), Abigail Adams, Phillis Wheatley, Matilda Joslyn Gage, Alice Paul, Mary Church Terrell, Pauli Murray, Martha Wright Griffiths, Patsy Takemoto Mink, Barbara Jordan, and Pat Spearman, and features other key players and concepts, including Ruth Bader Ginsburg, Title IX, Danica Roem, and many more.




Why We Lost the ERA


Book Description

In this work, Jane Mansbridge's fresh insights uncover a significant democratic irony - the development of self-defeating, contradictory forces within a democratic movement in the course of its struggle to promote its version of the common good. Mansbridge's book is absolutely essential reading for anyone interested in democratic theory and practice.




Equality under the Constitution


Book Description

The principle of equality embedded in the Declaration of Independence and reaffirmed in the Constitution does not distinguish between individuals according to their capacities or merits. It is written into these documents to ensure that each and every person enjoys equal respect and equal rights. Judith Baer maintains, however, that in fact American judicial decisions have consistently denied individuals the form of equality to which they are legally entitled—that the courts have interpreted constitutional guarantees of equal protection in ways that undermine the original intent of Congress. In Equality under the Constitution, Baer examines the background, scope, and purpose of the Constitution’s Fourteenth Amendment and the history of its interpretation by the courts. She traces the development of the idea of equality, drawing on the Bill of Rights, Congressional records, the Civil War amendments, and other sections of the Constitution. Baer discusses many of the significant equal-protection cases decided by the Supreme Court from the time of the amendment’s ratification, including decisions on reverse discrimination, age discrimination, the rights of the disabled, and gay rights. She concludes with a theory of equality more faithful to the history, language, and spirit of the Constitution.




Why ERA Failed


Book Description

Why ERA Failed looks at the systemic problems of politics and the amending process. The author, Mary Frances Berry, considers the behavior of the two sides from the perspective of a historian and lawyer. She describes the history of the amending process, from the Constitutional Convention to the present day, and its application to the struggles for amendments concerned with the status of blacks after the Civil War, income tax, prohibition, child labor, and woman suffrage. Berry concludes that ERA approval was problematic at best and defeat predictable. Supporters did too little of what is required for ratification of a substantive proposal too late. Furthermore, the large number of state ratifications gained was deceptive. Support was eroding instead of increasing in the final stages of the campaign.




Equal Citizenship, Civil Rights, and the Constitution


Book Description

The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.




American Founding Son


Book Description

John Bingham was the architect of the rebirth of the United States following the Civil War. A leading antislavery lawyer and congressman from Ohio, Bingham wrote the most important part of the Fourteenth Amendment to the Constitution, which guarantees fundamental rights and equality to all Americans. He was also at the center of two of the greatest trials in history, giving the closing argument in the military prosecution of John Wilkes Booth’s co-conspirators for the assassination of Abraham Lincoln and in the impeachment of President Andrew Johnson. And more than any other man, Bingham played the key role in shaping the Union’s policy towards the occupied ex-Confederate States, with consequences that still haunt our politics. American Founding Son provides the most complete portrait yet of this remarkable statesman. Drawing on his personal letters and speeches, the book traces Bingham’s life from his humble roots in Pennsylvania through his career as a leader of the Republican Party. Gerard N. Magliocca argues that Bingham and his congressional colleagues transformed the Constitution that the Founding Fathers created, and did so with the same ingenuity that their forbears used to create a more perfect union in the 1780s. In this book, Magliocca restores Bingham to his rightful place as one of our great leaders. Gerard N. Magliocca is the Samuel R. Rosen Professor at Indiana University Robert H. McKinney School of Law. He is the author of three books on constitutional law, and his work on Andrew Jackson was the subject of an hour-long program on C-Span’s Book TV.