LAW 792 Lecture Notes - Lecture 2: Morrison Waite, Nineteenth Amendment To The United States Constitution, Equal Protection Clause
22 Dec 2019
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The constitution and the early history of enfranchisement in the us. Minor v. happersett, 88 u. s. 162 (1875) (pp. 17-22: facts: minor, a female missouri citizen, sued for voting rights under fourteenth. Amendment"s privileges and immunities clause notwithstanding state"s statute that clearly did not extend franchise to women: decision/holding/rationale (chief justice waite): affirm judgment, holding that. 1872, the same year in which minor registered to vote, susan b. anthony voted in. Winkler argued in nyu law review article that later causes using this approach (e. g. , right to privacy) had more success when did it piecemeal/incrementally. Throughout the nineteenth century, constitutional theory and practice emphasized originalist modes of interpretation. Suffragists pointed out that, by the time of minor, women possessed a variety of legal rights they had not earlier enjoyed. They also attacked the premises of originalist jurisprudence. Minor rejected these efforts to assert a more evolutionary approach to constitutional interpretation and re-asserted the conventional originalist methodology.
