美国宪法第十九条修正案的历史考察及评析
发布时间：2018-11-26 17:37
【摘要】： 1920年8月26日,美国妇女因宪法第十九条修正案的通过获得了选举权。因而该条修正案又被称为“妇女选举权修正案”。该条修正案不仅是美国第一次女权运动的里程碑,更是美国民主进程中的重要一步。本文基于法律史学的视野,在长达近乎一个世纪的美国妇女选举权运动中,以第十九条修正案为中心,围绕着其提出,搁浅、确定、通过、批准等各个方面进行论述。 论文包括导论、正文和结论三部分。其中正文分为四章。 导论简要介绍了第十九条修正案与美国妇女选举权运动的关系、资料检索和国内外关于该领域的研究情况以及文章的结构安排。 第一章是对第十九条修正案提出的历史背景的介绍和分析。19世纪初,女权运动兴起。1848年在塞内卡·福尔斯召开的美国第一次女权大会第一次提出了妇女选举权的问题。南北战争之后通过的第十四条修正案以及第十五条修正案否定了妇女的选举权,受到打击的妇女选举权运动正式与黑人问题分裂开来,开始把精力集中在妇女选举权宪法修正案的通过上。 第二章继续介绍第十九条修正案的发展过程并侧重于对联邦和州两种策略的强调。“全国妇女选举权协会”主张联邦策略,将工作的重心放在国会,并首次向国会提交了关于妇女选举权的宪法修正案,即“安东尼修正案”。“美国妇女选举权协会”则主张在各州开展运动,她们更加务实地倡导各个击破,进行自下而上的逐州赋予妇女选举权。在双方的共同努力下,西部四州率先授予了妇女选举权而东部一些州的妇女也获得了有限的选举权。 第三章介绍第十九条修正案在通过时妇女选举权运动者的最后努力以及各方面为此展开的激烈斗争。由两大组织合并而成的“全美妇女选举权协会”提出的“制胜策略”统筹联邦和州两条路线,力争赢得党派的支持;而新成立的“全国妇女党”则采取激进路线,全力向国会施加压力。总而言之,在双方的共同努力下,第十九条修正案最后获得了国会以及各州的批准通过。 第四章对第十九条修正案以及美国妇女选举权运动中的几个关键点结合美国特殊的宪政制度进行了一些简要的评析。如观念上公正性到有益性的转变,策略上联邦和州两种路线的统一,以及修正案通过之后对美国民主宪政的发展所起到的特殊作用。 结论概述了文章的主要内容,指出了第十九条修正案在某种程度上是对第十四条、第十五条修正案的抗争并简要分析了第十九条修正案和平等权利修正案的成败缘由。
[Abstract]:On August 26, 1920, American women gained the right to vote by passing the 19 th Amendment to the Constitution. Therefore, the amendment is also known as the Women's right to vote Amendment. The amendment is not only a milestone in the first feminist movement in the United States, but also an important step in the democratic process of the United States. Based on the perspective of the history of law, this paper focuses on the 19th Amendment in the nearly one-century American women's right to vote movement, and discusses the aspects of its proposal, grounding, confirmation, adoption, approval, and so on. The paper includes three parts: introduction, text and conclusion. The text is divided into four chapters. The introduction briefly introduces the relationship between the Nineteenth Amendment and the women's right to vote movement in the United States, the information retrieval, the research situation in this field at home and abroad, and the structure of the articles. The first chapter is the introduction and analysis of the historical background of the Nineteenth Amendment. At the beginning of the 19th century, the feminist movement rose. In 1848, the first American Feminist Congress held in Seneca Fowles put forward the issue of women's right to vote for the first time. The fourteenth and fifteenth amendments passed after the Civil War denied women the right to vote, and the battered women's vote movement was officially separated from the black issue. Began to focus on the adoption of constitutional amendments to women's right to vote. Chapter two continues to introduce the development of the Nineteenth Amendment and emphasizes both federal and state strategies. The National Association for Women's Voting Rights advocated federal strategy, focused its work on Congress, and submitted to Congress for the first time a constitutional amendment on women's suffrage, the Anthony Amendment. The American Association for Women's Voting Rights advocates a campaign in the states, where they are more pragmatic in their advocacy of a bottom-up, state-by-state campaign to give women the right to vote. With the joint efforts of the two sides, the four western states first granted women the right to vote, while some eastern states also obtained limited voting rights. The third chapter introduces the last efforts of women voting rights campaigners when the nineteenth amendment was adopted and the fierce struggle. The "winning strategy" proposed by the National Association of Women's Voting Rights, which was formed by the two organizations, co-ordinated both federal and state lines in an effort to win party support; The newly formed National Women's Party took a radical line, putting pressure on Congress. All in all, the 19 th Amendment was finally approved by Congress and the states. The fourth chapter makes some brief comments on the Nineteenth Amendment and the key points of the American women's vote movement combined with the special constitutional system in the United States. For example, the change of concept from fairness to usefulness, the unification of federal and state lines, and the special role played by the amendment in the development of democratic constitutionalism in the United States. The conclusion summarizes the main contents of the article, points out that the nineteenth amendment is to some extent a struggle against the fourteenth and fifteenth amendments, and briefly analyzes the reasons for the success or failure of the nineteenth amendment and the equal rights amendment.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D971.2;DD911
本文编号：2359192
[Abstract]:On August 26, 1920, American women gained the right to vote by passing the 19 th Amendment to the Constitution. Therefore, the amendment is also known as the Women's right to vote Amendment. The amendment is not only a milestone in the first feminist movement in the United States, but also an important step in the democratic process of the United States. Based on the perspective of the history of law, this paper focuses on the 19th Amendment in the nearly one-century American women's right to vote movement, and discusses the aspects of its proposal, grounding, confirmation, adoption, approval, and so on. The paper includes three parts: introduction, text and conclusion. The text is divided into four chapters. The introduction briefly introduces the relationship between the Nineteenth Amendment and the women's right to vote movement in the United States, the information retrieval, the research situation in this field at home and abroad, and the structure of the articles. The first chapter is the introduction and analysis of the historical background of the Nineteenth Amendment. At the beginning of the 19th century, the feminist movement rose. In 1848, the first American Feminist Congress held in Seneca Fowles put forward the issue of women's right to vote for the first time. The fourteenth and fifteenth amendments passed after the Civil War denied women the right to vote, and the battered women's vote movement was officially separated from the black issue. Began to focus on the adoption of constitutional amendments to women's right to vote. Chapter two continues to introduce the development of the Nineteenth Amendment and emphasizes both federal and state strategies. The National Association for Women's Voting Rights advocated federal strategy, focused its work on Congress, and submitted to Congress for the first time a constitutional amendment on women's suffrage, the Anthony Amendment. The American Association for Women's Voting Rights advocates a campaign in the states, where they are more pragmatic in their advocacy of a bottom-up, state-by-state campaign to give women the right to vote. With the joint efforts of the two sides, the four western states first granted women the right to vote, while some eastern states also obtained limited voting rights. The third chapter introduces the last efforts of women voting rights campaigners when the nineteenth amendment was adopted and the fierce struggle. The "winning strategy" proposed by the National Association of Women's Voting Rights, which was formed by the two organizations, co-ordinated both federal and state lines in an effort to win party support; The newly formed National Women's Party took a radical line, putting pressure on Congress. All in all, the 19 th Amendment was finally approved by Congress and the states. The fourth chapter makes some brief comments on the Nineteenth Amendment and the key points of the American women's vote movement combined with the special constitutional system in the United States. For example, the change of concept from fairness to usefulness, the unification of federal and state lines, and the special role played by the amendment in the development of democratic constitutionalism in the United States. The conclusion summarizes the main contents of the article, points out that the nineteenth amendment is to some extent a struggle against the fourteenth and fifteenth amendments, and briefly analyzes the reasons for the success or failure of the nineteenth amendment and the equal rights amendment.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：D971.2;DD911
【引证文献】
相关硕士学位论文 前1条
1 栾绿川;美国修宪史上的“平等权利修正案”及其失败[D];华东政法大学;2011年
，本文编号：2359192
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