American Constitutionalism in Historical Perspective (packet)

Background:

1. 
   Wollstonecraft, A Vindication of the Rights of Women, 1790: arguing that human rts applied to women. Profound injustice the way the culture had treated women.
   

1. 
   Mill, The Subjection of Women: analogy b/w race & gender, noting efforts of American women to end this injustice. Give women the vote and question these stereotypes about them being subhuman b/c just as irrational as racism. Gender attributed negative weight in culture universally.
   
2. 
   W and M: To extent giving diff rts/duties to women, based on conception of human nature that is corrupt and culturally based. C/n appeal to women’s nature b/c built on history of unjust treatment-they never opp to shape own nature. Any notion of harm and paternalism is morally unjust b/c represents men’s desire to confine women (M)
   
3. 
   De Beauvoir, The Second Sex: the feminist renaissance reframed the debate on gender.
   
1. 
   Three stages of American Feminism:
   
   1. 
      Antebellum Period: most radical stage of feminism, acknowledge profound analogy between plight of freedmen & women. Begin discussing the racialized pedestal where white women have no sex and black women are at bottom and can be sexually exploited. (Lydia Maria Childs, Harriet Jacobs). Until white women acknowledge this pedestal they will be like slaves—silencing of Grimm sisters.
      
      1. 
         Bradwell v. State: (1873) Fed P & I clause d/n include rt of women to practice law (p. 771)
         
      2. 
         Minor v. Happersett: (1874) fed P &I clause d/n include rt to vote in state elections
         
   2. 
      Suffrage Feminism: though had fought the rts of slaves to vote as codified by the 15^th A, still not permitted to vote. Women needed majoritarian support for suffrage so they began engaging in racist and nativist arguments. They become central figures in reinforcing racism. (Stanton).
      
   3.