Constitutional Inequality

Traces the history of the Equal Rights Amendment, explains why it failed to pass, and assesses its chances for future passage.

The long revolutionary movements that gave birth to constitutional democracies in the Americas were founded on egalitarian constitutional ideals. They claimed that all men were created equal with similar capacities and also that the community should become self-governing. Following the first constitutional debates that took place in the region, these promising egalitarian claims, which gave legitimacy to the revolutions, soon fell out of favor. Advocates of a conservative order challenged both ideals and favored constitutions that established religion and created an exclusionary political structure. Liberals proposed constitutions that protected individual autonomy and rights but established severe restrictions on the principle of majority rule. Radicals favored an openly majoritarian constitutional organization that, according to many, directly threatened the protection of individual rights. This book examines the influence of these opposite views during the 'founding period' of constitutionalism in countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela.

In this original, provocative contribution to the debate over economic inequality, Ganesh Sitaraman argues that a strong and sizable middle class is a prerequisite for America’s constitutional system. For most of Western history, Sitaraman argues, constitutional thinkers assumed economic inequality was inevitable and inescapable—and they designed governments to prevent class divisions from spilling over into class warfare. The American Constitution is different. Compared to Europe and the ancient world, America was a society of almost unprecedented economic equality, and the founding generation saw this equality as essential for the preservation of America’s republic. Over the next two centuries, generations of Americans fought to sustain the economic preconditions for our constitutional system. But today, with economic and political inequality on the rise, Sitaraman says Americans face a choice: Will we accept rising economic inequality and risk oligarchy or will we rebuild the middle class and reclaim our republic? The Crisis of the Middle-Class Constitution is a tour de force of history, philosophy, law, and politics. It makes a compelling case that inequality is more than just a moral or economic problem; it threatens the very core of our constitutional system.

When Congress passed a proposed Equal Rights Amendment to the Constitution in March 1972, a high level of optimism about ratification seemed well warranted. Steiner discusses what went wrong between the initial Congressional passage and the final failure to ratify a decade later. He argues that the accidents of legislative timing and the emergence of unanticipated complications related to disputes over conscription and abortion explain the outcome and also presage continuing trouble for efforts to renew the ERA proposal. While Steiner favors passage as a means to redress Constitutional inequality of women, he also notes the negative economic effects that passage would have on lower income women unable to take advantage of new opportunities. He concludes with an analysis of available alternatives and a proposal for future strategy. ISBN 0-8157-8128-8 : $22.95.

This book explores the influence of opposing constitutional ideals during the "founding period" of constitutionalism in the Americas. Examining a range of countries including the United States, Argentina, Colombia, Chile, Ecuador, Mexico, Peru, and Venezuela, Roberto Gargarella outlines these views and traces their influence to the present day.

In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.

If, as many allege, attacking the gap between rich and poor is a form of class warfare, then the struggle against income inequality is the longest running war in American history. To defenders of the status quo, who argue that the accumulation of wealth free of government intervention is an essential feature of the American way, this book offers a forceful answer. While many of those who oppose addressing economic inequality through public policy today do so in the name of freedom, Clement Fatovic demonstrates that concerns about freedom informed the Founding Fathers' arguments for public policy that tackled economic disparities. Where contemporary arguments against such government efforts conceptualize freedom in economic terms, however, those supporting public policies conducive to greater economic equality invoked a more participatory, republican, conception of freedom. As many of the Founders understood it, economic independence, which requires a wide if imperfect distribution of property, is a precondition of the political independence they so profoundly valued. Fatovic reveals a deep concern among the Founders--including Thomas Jefferson, Thomas Paine, and Noah Webster--about the impact of economic inequality on political freedom. America's Founding and the Struggle over Economic Inequality traces this concern through many important political debates in Congress and the broader polity that shaped the early Republic--debates over tax policies, public works, public welfare, and the debt from the Revolution. We see how Alexander Hamilton, so often characterized as a cold-hearted apologist for plutocrats, actually favored a more progressive system of taxation, along with various policies aimed at easing the economic hardship of specific groups. In Thomas Paine, frequently portrayed as an advocate of laissez-faire government, we find a champion of a comprehensive welfare state that would provide old-age pensions, public housing, and a host of other benefits as a matter of "right, not charity." Contrary to the picture drawn by so many of today's pundits and politicians, this book shows us how, for the first American statesmen, preventing or minimizing economic disparities was essential to the preservation of the new nation's freedom and practice of self-government.