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Constitutional Culture, Social Movement Conflict and Constitutional Change: The Case of the de facto ERA
Siegel, Reva
Siegel, Reva
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Abstract
Social movements change the ways Americans understand the Constitution. Social movement conflict, enabled and constrained by constitutional culture, can create new forms of constitutional understanding-a dynamic that guides officials interpreting the open-textured language of the Constitution's rights guarantees. To show how constitutional culture channels social movement conflict to produce enforceable constitutional understandings, I consider how equal protection doctrine prohibiting sex discrimination was forged in the Equal Rights Amendment's defeat.