美國憲法第十九條修正案的歷史考察及評析
發(fā)布時間：2018-11-26 17:37
【摘要】： 1920年8月26日,美國婦女因憲法第十九條修正案的通過獲得了選舉權。因而該條修正案又被稱為“婦女選舉權修正案”。該條修正案不僅是美國第一次女權運動的里程碑,更是美國民主進程中的重要一步。本文基于法律史學的視野,在長達近乎一個世紀的美國婦女選舉權運動中,以第十九條修正案為中心,圍繞著其提出,擱淺、確定、通過、批準等各個方面進行論述。 論文包括導論、正文和結論三部分。其中正文分為四章。 導論簡要介紹了第十九條修正案與美國婦女選舉權運動的關系、資料檢索和國內外關于該領域的研究情況以及文章的結構安排。 第一章是對第十九條修正案提出的歷史背景的介紹和分析。19世紀初,女權運動興起。1848年在塞內卡·福爾斯召開的美國第一次女權大會第一次提出了婦女選舉權的問題。南北戰(zhàn)爭之后通過的第十四條修正案以及第十五條修正案否定了婦女的選舉權,受到打擊的婦女選舉權運動正式與黑人問題分裂開來,開始把精力集中在婦女選舉權憲法修正案的通過上。 第二章繼續(xù)介紹第十九條修正案的發(fā)展過程并側重于對聯(lián)邦和州兩種策略的強調�！叭珖鴭D女選舉權協(xié)會”主張聯(lián)邦策略,將工作的重心放在國會,并首次向國會提交了關于婦女選舉權的憲法修正案,即“安東尼修正案”�！懊绹鴭D女選舉權協(xié)會”則主張在各州開展運動,她們更加務實地倡導各個擊破,進行自下而上的逐州賦予婦女選舉權。在雙方的共同努力下,西部四州率先授予了婦女選舉權而東部一些州的婦女也獲得了有限的選舉權。 第三章介紹第十九條修正案在通過時婦女選舉權運動者的最后努力以及各方面為此展開的激烈斗爭。由兩大組織合并而成的“全美婦女選舉權協(xié)會”提出的“制勝策略”統(tǒng)籌聯(lián)邦和州兩條路線,力爭贏得黨派的支持;而新成立的“全國婦女黨”則采取激進路線,全力向國會施加壓力�？偠灾�,在雙方的共同努力下,第十九條修正案最后獲得了國會以及各州的批準通過。 第四章對第十九條修正案以及美國婦女選舉權運動中的幾個關鍵點結合美國特殊的憲政制度進行了一些簡要的評析。如觀念上公正性到有益性的轉變,策略上聯(lián)邦和州兩種路線的統(tǒng)一,以及修正案通過之后對美國民主憲政的發(fā)展所起到的特殊作用。 結論概述了文章的主要內容,指出了第十九條修正案在某種程度上是對第十四條、第十五條修正案的抗爭并簡要分析了第十九條修正案和平等權利修正案的成敗緣由。
[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.
【學位授予單位】：華東政法大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D971.2;DD911
本文編號：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.
【學位授予單位】：華東政法大學
【學位級別】：碩士
【學位授予年份】：2009
【分類號】：D971.2;DD911
【引證文獻】
相關碩士學位論文 前1條
1 欒綠川;美國修憲史上的“平等權利修正案”及其失敗[D];華東政法大學;2011年
，本文編號：2359192
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