Text in Contest: Gender and the Constitution from a Social Movement Perspective

Abstract

The American feminist movement has twice mobilized for constitutional change. The constitutional amendment secured by the first-wave feminist movement is no longer of consequence, while the constitutional amendment sought by the second-wave feminist movement was never ratified. Yet today, courts and commentators agree that the Constitution guarantees women equality, even if that guarantee was never specifically authorized by the Constitution's framers. What understanding of our constitutional tradition might we glean from this story of constitutional change?