Equal Rights: Hearings Before a Subcommittee of the Committee on the Judiciary, United States Senate, Eighty-fourth Congress, Second Session, on S. J. Res. 39, Proposing an Amendment to the Constitution of the United States Relative to Equal Rights for Men and Women. April 11 and 13, 1956

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U.S. Government Printing Office, 1956 - 79 lappuses
 

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66. lappuse - Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Congress and the several States shall have power, within their respective jurisdictions, to enforce this article by appropriate legislation.
68. lappuse - The basic fallacy in the proposed amendment is that it attempts to deal with complicated and highly concrete problems arising out of a diversity of human relationships in terms of a single and simple abstraction. This abstraction is undoubtedly a worthy ideal for mobilizing legislative forces in order to remedy particular deficiencies in the law. But as a constitutional standard, it is hopelessly inept. That the proposed...
45. lappuse - to awaken consumers' interest in their responsibility for conditions under which goods are made and distributed; and through investigation, education, and legislation, to promote fair labor standards.
66. lappuse - If anything about this proposed amendment is clear, it is that it would transform every provision of law concerning women into a constitutional issue to be ultimately resolved by the Supreme Court of the United States. Every statutory and common law provision dealing with the manifold relation of women in society would be forced to run the gauntlet of attack on constitutional grounds. The range of such potential litigation is too great to be readily foreseen...
40. lappuse - The by-laws may be amended at any regular meeting by a two-thirds vote of...
57. lappuse - The rider provides that the amendment "shall not be construed to impair any rights, benefits, or exemptions now or hereafter conferred by law upon persons of the female sex.
68. lappuse - National Consumers' League. National Council of Catholic Women. National Council of Jewish Women. National Council of Women.
66. lappuse - Such decisions could not be changed by act of the legislature. Such a responsibility upon the courts would be doubtless as unwelcome to them as it would be inappropriate. As has been stated, however, the proposal evidently contemplates no flexibility in construction but rather a rule of rigid equality. This branch of the dilemma is as repelling as the other.
66. lappuse - Presumably, the amendment would set up a constitutional yardstick of absolute equality between men and women in all legal relationships. A more flexible view, permitting reasonable differentiation, can hardly be regarded as the object of the proposal, since the fourteenth amendment has long provided that no State shall deny to any person the equal protection of the laws, and that amendment permits reasonable classifications while prohibiting arbitrary legal discrimination.
66. lappuse - It would not be feasible to attempt to enumerate the wide variety of laws and rules of the common law which would fall under the impact of the amendment. Some conception of their scope may, however, be given by recalling the variety of relationships in which women stand in the community. These relationships may be summarized as (a) wage earner; (6) member of a family; (c) citizen; (d) individual.

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