Some comments on "The Bill of Rights as a Constitution." (The Bill of Rights After 200 Years: The Tenth Annual National Federalist Society Symposium on Law and Public Policy - 1991)

Article Abstract:

Both the Constitution and the Bill of Rights are fundamentally concerned with participatory democracy and majoritarianism. Both speak of 'the people' in articulating a vision of popular sovereignty. The Bill of Rights is usually thought of as protecting individual rights, but a different reading results from paying attention to the theme of popular sovereignty. For example, the right to a jury trial is as much a right of the people to participate by serving on the jury as it is a right of litigants. It is also a populist check on the power of judges.

Political aspects, Civil rights, Majorities

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Did the Fourteenth Amendment incorporate the Bill of Rights against states?

Article Abstract:

The text of the Fourteenth Amendment and the Constitution, legislative history and the historical context of the passage of the amendment support the view that the Fourteenth Amendment was intended to incorporate the much of the Bill of Rights and other fundamental rights and apply them to the states. The text of the Fourteenth Amendment references language used in other amendments and the Constitution. Congressional debate was filled with discussions regarding holding the states to protection of the same rights that existed at the federal level.

Federalism

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Women and the Constitution

Article Abstract:

A history of women in the Constitution is presented and the view is taken that women have equal protection and a right to liberty and privacy under the Constitution, even if interpreters have not always recognized it. The Nineteenth Amendment gives women the right to participate politically, the highest right granted in the Constitution. A fortiori, their civil rights should be just as protected by the Constitution as their right to participate politically.

Women, Beliefs, opinions and attitudes, Feminist jurisprudence

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