Womens Rights and the Fourteenth Amendment

After the American Civil War, several legal challenges faced the newly-reunited nation. One was how to define a citizen so that former slaves, and other African Americans, were included. (The Dred Scott decision, before the Civil War, had declared that black people had no rights which the white man was bound to respect.) The citizenship rights of those who had rebelled against the federal government or who had participated in secession were also in question. One response was the Fourteenth Amendment to the Constitution, proposed on June 13, 1866, and ratified July 28, 1868. The Fight for Postwar Rights During the Civil War, the developing womens rights movement had largely put their agenda on hold, with most of the womens rights advocates supporting the Union efforts. Many of the womens rights advocates had been abolitionists as well, and so they eagerly supported the war which they believed would end slavery. When the Civil War ended, womens rights advocates expected to take up their cause once again, joined by the male abolitionists whose cause had been won. But when the Fourteenth Amendment was proposed, the womens rights movement split over whether to support it as a means of finishing the job of establishing full citizenship for the freed slaves and other African Americans. Beginnings: Adding Male to the Constitution Why was the Fourteenth Amendment controversial in womens rights circles? Because, for the first time, the proposed Amendment added the word male into the US Constitution. Section 2, which dealt explicitly with voting rights, used the term male. And womens rights advocates, especially those who were promoting suffrage, or the granting of the vote to women, were outraged. Some womens rights supporters, including Lucy Stone, Julia Ward Howe, and Frederick Douglass, supported the Fourteenth Amendment as essential to guaranteeing black equality and full citizenship, even though it was flawed in only applying voting rights to males. Susan B. Anthony and Elizabeth Cady Stanton led the efforts of some womens suffrage supporters to try to defeat both the Fourteenth and Fifteenth Amendments because the Fourteenth Amendment included the offensive focus on male voters. When the Amendment was ratified, they advocated, without success, for a universal suffrage amendment. Each side of this controversy saw the others as betraying basic principles of equality: supporters of the 14th Amendment saw the opponents as betraying efforts for racial equality, and opponents saw the supporters as betraying efforts for the equality of the sexes. Stone and Howe founded the American Woman Suffrage Association and a paper, the Womans Journal. Anthony and Stanton founded the National Woman Suffrage Association and began publishing the Revolution. The rift would not be healed until, in the late years of the 19th century, the two organizations merged into the National American Woman Suffrage Association. Myra Blackwell and Equal Protection Though the second article of the  Fourteenth Amendment  introduced the word male into the Constitution in respect to voting rights, nevertheless some womens rights advocates decided that they could make a case for womens rights including suffrage on the basis of the first article of the Amendment, which did not distinguish between males and females in granting citizenship rights. The case of Myra Bradwell was one of the first to advocate for use of the 14th Amendment to defend womens rights. Bradwell had passed the Illinois law exam, and a circuit court judge and a state attorney had each signed a certificate of qualification, recommending that the state grant her a license to practice law. However, the Supreme Court of Illinois denied her application on October 6, 1869. The court took into consideration the legal status of a woman as a femme covert—that is, as a married woman, Myra Bradwell was legally disabled. She was, under the common law of the time, prohibited from owning property or entering into legal agreements. As a married woman, she had  no legal existence apart from her husband. Myra Bradwell challenged this decision. She took her case back to the Illinois Supreme Court, using the Fourteenth Amendments equal protection language in the first article to defend her right to choose a livelihood. In her brief, Bradwell wrote, that it is one of the privileges and immunities of women as citizens to engage in any and every provision, occupation or employment in civil life. While the Bradwell case raised the possibility that the 14th Amendment could justify womens equality, the Supreme Court were not ready to agree. In a much-quoted concurring opinion, Justice Joseph P. Bradley wrote: It certainly cannot be affirmed, as a historical fact, that [the right to choose ones profession] has ever been established as one of the fundamental privileges and immunities of the sex. Instead, he wrote, The paramount destiny and mission of women are to fulfill the noble and benign offices of wife and mother. Minor, Happersett, Anthony, and Womens Suffrage While the second article of the  Fourteenth Amendment  to the Constitution  specified certain voting rights connected with males only, womens rights advocates decided that the first article could be used instead to support the full citizenship rights of women. In a strategy carried out by the more radical wing of the movement, led by Anthony and Stanton,  womens suffrage  supporters attempted to cast ballots in 1872.  Anthony  was among those who did so; she was  arrested and convicted  for this action. Another woman,  Virginia Minor, was turned away from the St. Louis polls when she tried to vote⠁  Ã¢â‚¬â€and her husband, Frances Minor, sued Reese Happersett, the registrar. (Under femme covert presumptions in the law, Virginia Minor could not sue in her own right.) The Minors brief argued that There can be no halfway citizenship. Woman, as a citizen in the United States, is entitled to all the benefits of that position, and liable to all its obligations, or to none. Once again, the Fourteenth Amendment was used to try to ground arguments for womens equality and the right as citizens to vote and hold office⠁  Ã¢â‚¬â€but the courts did not agree. In a unanimous decision, the United States Supreme Court in  Minor v. Happersett  found that women born or naturalized in the United States were indeed American citizens, and that they always had been even before the Fourteenth Amendment. But the Supreme Court also found that voting was not one of the privileges and immunities of citizenship, and therefore states need not grant voting rights or suffrage to women. Reed v. Reed Applies the Amendment to Women In 1971, the Supreme Court heard arguments in the case of  Reed v. Reed. Sally Reed had sued when Idaho law presumed that her estranged husband should be automatically selected as executor of the estate of their son, who had died without naming an executor. The Idaho law stated that males must be preferred to females in choosing estate administrators. The Supreme Court, in an opinion written by Chief Justice Warren E. Burger, decided that the  Fourteenth Amendment  did prohibit such unequal treatment on the basis of sex⠁  Ã¢â‚¬â€the first US Supreme Court decision to apply the Fourteenth Amendments equal protection clause to gender or sexual distinctions. Later cases have refined the application of the Fourteenth Amendment to sex discrimination, but it was more than 100 years after passage of the Fourteenth Amendment before it was finally applied to womens rights. Expanding Rights in Roe v. Wade In 1973, the U.S. Supreme Court found in  Roe v. Wade  that the Fourteenth Amendment restricted, on the basis of the Due Process clause, the governments ability to restrict or prohibit abortions. Any criminal abortion statute that did not take into account the stage of pregnancy and other interests than merely the life of the mother was deemed to be a violation of due process. Text of the Fourteenth Amendment The entire text of the Fourteenth Amendment to the Constitution, proposed on June 13, 1866, and ratified on July 28, 1868, is as follows: Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.Section. 4. The validity of the public deb t of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. Text of the Fifteenth Amendment Section. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.Section. 2. The Congress shall have power to enforce this article by appropriate legislation.

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IT Project Implementation Failures Free Essays

Before an IT project can begin, the acquisition process must be successful. Once the implementation process beings, however; many things can start to go wrong because there are many factors and people involved that may not work together. Although the acquisition process is very stressful and important too, the implementation of planning a project and choosing the right team to do the job is not always as easy as it sounds. We will write a custom essay sample on IT Project Implementation Failures or any similar topic only for you Order Now As hard as it may be to effectively navigate through these potential failures, project failures such as the ones illustrated in the case study, Memorial Health System CPOE Implementation, can be evaded. At the beginning of the implementation process, Fred Dryer and Joe Roberts agreed and established a plan to get the CPOE system effectively enough for the staff and other employees to use. Stakeholders did not agree with Dryer and Roberts that this system would be meaningful and eventually disagreed with them. This must be a common problem with the implementation process, because it is very difficult to get so many people to work together cohesively. The organization undergoing the IT process must be a cohesive unit in believing in the project as well as being on the same page about what needs to happen. Since the stakeholders have too much power in the process, Roberts and Dryer left the project. The other project failure demonstrates the difficulty of choosing the right team members and management personnel to effectively run the project. The interim CIO, Melvin Sparks, was, to put it mildly, the wrong person for the job. He illustrated many of the project failures. He was unable to effectively communicate with his staff, made decisions that negatively affected the project and ultimately committed a huge mistake by changing the scope of the project during the implementation process. The project manager in the case study was yelled at to give good news or no news at all to Sparks. Not only is it completely inappropriate for CIO to yell at staff, but communication is integral in the implementation process, whether it is good news or bad. Changing the scope of the project during the implementation process creates chaos. A good acquisition process will create an environment where large deviations from the initial project scope are not accepted. Another vital problem in the case study was the lack of testing done on the system. Testing assures the team of the functionality as well as the problems that may arise from the system, and gives time to fix it. Sparks created no confidence in the team and showed none in the initial project. Conclusion: The case study’s project failures could have probably been avoided. The main job of the implementation team, besides implementing the project, should be to create a strong team with strong management and staff. Without this backbone, the process is doomed from the start. There are steps and procedures that can be implemented in order to avoid these types of failures in the future. I would recommend cross-training between management to insure everyone knows what steps to take in order to have a successful IT project. How to cite IT Project Implementation Failures, Papers It Project Implementation Failures Free Essays IT Project Implementation Failures By: Jennifer Dobelstein University of Phoenix Professor: Jason Koller System implementation starts as soon as an organization has acquired the system and continues through the early stages that will follow through to when the day comes where the system can be in use by everyone! Also, the system means applying the plan that is discussed with the team and implementing all the factors together. An implantation process can most defiantly differ from one organization to another one. I am going to explain a short overview of what the implementation process is. We will write a custom essay sample on It Project Implementation Failures or any similar topic only for you Order Now First off, there has to be a team in this process. The team will consist of: Physician, Nurse Manager, Lab Manager, Radiology Director, CIO, IT Analyst, and a Business Manager. Evaluating the strategic plan for the process is good because this way everyone can hear each other’s thoughts and plan accordingly to the plan. Evaluating is a key factor because you must evaluate and figure out more information in creating a plan. The second part of the process is creating a vision for the team so that everyone can work up to that vision and make it a success. Thirdly is to select team members to help implement this plan. Fourth are the schedule meetings to discuss the progress and discuss concerns if any have arisen/and discuss progress reports. Lastly but not least, making sure that upper management is involved in this process if needed. The roles and responsibilities that can be involved in system implementation can be identifying different strengths and weaknesses of the different types of implementing partners. Also, figuring out what types of capacity building the project needs to plan for and selecting the criteria for implanting partners in this plan. The process described in this case study did fail to include the fundamental activities. Some of the fundamental activities that should have been included are: organizing the implementation team and to identify the system champion. Another is to establish and institute a project plan and to determine a project scope and what the expectations are. In this case study, the process seemed rushed and some of the key workflow and system integration were missed. That also means there were twelve months left to complete this project which is not a lot of time. Their resources were getting smaller and had to start being budgeted, so the team got reduced and meant more work for the remaining team members. The project budget was already consumed, two months before being launched. Requirements were not met because of lack of the end-sure training that should have been done. Causes of the project failures can stem from many different things like: lacking clarity and purpose which was noticeable in this case study. This case study lacks clarity and purpose because it seemed this whole project was rushed with no help and hardly a purpose. Then the project kept getting behind each month and the communication was not good at all. Lack of believing in the project is also a project failure. In the case study, Sparks was not happy with the news that was brought to his attention and his attitude made it seem like he just did not believe in the project anymore. There was not enough leadership support and that was a huge problem. It seemed like Martin did not have any support in the project implementation. For each one of the indicators that I mentioned above, I defiantly would had done some things different. First off, I would had made sure that the project plan was clear from the beginning and made sure that there were meetings held regularly to discuss changes or questions. I would have had full faith in my organization with little to no doughts. I say even when things are not going their best, having a positive attitude will increase chances of succeeding. Also, I would make sure that there is enough people on the team and that budgeting was being done correctly. Making sure that the team is being supportive as well and helping is a must I would had done differently. Without leadership support, it is extremely difficult to stay on top and focused. How to cite It Project Implementation Failures, Essay examples