Why did I love this book?
Linda Kerber’s No Constitutional Right to Be Ladies offers a fantastic insight into the maleness of rights-bearing citizenship embedded within the United States legal tradition. As Kerber demonstrates, the notion that women were incapable of performing certain civic obligations formed a central reason for why early U.S. political and legal authorities had excluded women from certain rights of citizenship. I found Kerber’s study especially helpful for dissecting the history of the common law tradition of domestic relations, or the doctrine known as coverture. As I discuss in the first chapters of my own book, and as Kerber brilliantly illustrates in No Constitutional Right to Be Ladies, the doctrine of coverture deprived women of having self-ownership over their own bodies, which led to intense restrictions on women’s opportunities and their overall civic autonomy.
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This pioneering study redefines women's history in the United States by focusing on civic obligations rather than rights. Looking closely at thirty telling cases from the pages of American legal history, Kerber's analysis reaches from the Revolution, when married women did not have the same obligation as their husbands to be "patriots," up to the present, when men and women, regardless of their marital status, still have different obligations to serve in the Armed Forces.
An original and compelling consideration of American law and culture, No Constitutional Right to Be Ladies emphasizes the dangers of excluding women from other civic…