WOMEN UNDER RECONSTRUCTION:
THE CONGRESSIONAL UNDERSTANDING


Ward Farnsworth

Boston University School of Law Working Paper 00-10

Abstract

This Article examines the original understanding of the Fourteenth Amendment's significance for women, and concludes that the Amendment widely was understood to be consistent with a wide variety of disabilities and other discriminatory laws that the states then imposed on them. These understandings were based on several ideas: women enjoyed the same rights as men, but vicariously through their families; women, like children, were implied exceptions to the Amendment's prima facie requirements; and the legal regulation of women's rights was a kind of regulation of the family, peculiarly suited to the states rather than the federal government. The mindset that found these notions agreeable was composed of ideas about natural law, custom, and federalism. The Article concludes that these findings present a conundrum for originalists comparable in some respects to the difficulties posed by Brown v. Board of Education.

Size: 737KB
Est. download time @ 28.8K: 26 seconds


Adobe Acrobat Reader v3.01 or greater is required to view this paper.
To obtain a free copy, click the button below



Ward Farnsworth Contact Information

wf@bu.edu
Boston University School of Law
765 Commonwealth Ave
Boston, MA 02215
USA
(617) 353-4008

Presentation and Publication Information:

This paper will be published in 94 Northwestern University Law Review 1229 (2000).


Click here to close this window.