Proponents of originalism argue that judges must adhere faithfully to the meaning of constitutional texts as those texts would have been understood at the time of their adoption. In the case of the 14th Amendment, such an approach would limit clauses like “equal protection of the laws” to nineteenth century understandings of equality. Since women were not equal to men under the law in 1868, and since the framers of the 14
Originalism and the Rights of Women
Originalism and the Rights of Women
Originalism and the Rights of Women
Proponents of originalism argue that judges must adhere faithfully to the meaning of constitutional texts as those texts would have been understood at the time of their adoption. In the case of the 14th Amendment, such an approach would limit clauses like “equal protection of the laws” to nineteenth century understandings of equality. Since women were not equal to men under the law in 1868, and since the framers of the 14