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Chapter 10 State, Law and Social Policy

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Angelica Reyes

on 23 April 2015

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Transcript of Chapter 10 State, Law and Social Policy

Government and Representation
There is no force equal to a woman determined to rise.
-W.E.B. Dubois
Women and The Law
Public Policy
femme couverte
also known as fem covert or covered women: husband and wife were one person under law and she is his sexual property.
Married Women's Property Act of 1848
allowed women to own and inherit property, the other constraints on their lives remained through the twentieth century.


Muller v. Oregon in 1908
reaffirmed the state's justification for limiting women's employment.
"well-being of the race"
that women's ability to contract freely was limited.
Equal Pay Act and Title VII
, preventing employers from discriminating against women and people of color.

By: Nicole Carrera, Angelica Reyes, and Justine Yeban
Read All About It
The Criminal Justice System
Chapter 11: State, Law and Social Policy
Activity!
The team who answers more wins a prize !
The Military
Top News:
In this Chapter, we will discuss the issues between the state and the people. Although the people have many concerns, the state manages to maintain sources of inequality and as an avenue for social justice. Due to the position the state is in, they created laws and policies that would "regulate" the people. However, even with these laws and policies, men and mostly women still suffer from discrimination.

Societal Institutions
: Established patterns of social behavior organized around particular needs and purposes.

State
: A major social institution organized to maintain systems of legitimized power and authority in society.

CEDAW
: The Convention on the Elimination of All Forms of Discrimination Against Women.
Who is this?

Good Luck !

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Last one, who is this?

Who is this?

Who is this?

- Determine people's rights & priviledges
Gives power to the state to exclude, discriminate against, or create policies in favor of groups
Examples
:
Native Americans
- public policies reinforced relocation
African Americans
- Jim Crow laws enforcing segregation + prevented them from voting
Chapter 4
- miscegenation laws preventing interracial marriage / aimed to maintain racial purity + superiority

Welfare Policy
Shirley Chisholm
An American politician, educator, and author.
Chisholm was a Congresswoman, representing New York's 12th Congressional District for seven terms. 1969-1983
Women had access to divorce in the nineteenth century, although divorce was much more difficult to obtain.
Partners had to sue ( divorce on demand by either or both parties)
A spouse's violation of the marriage contract such as by cruelty, abandonment or adultery, and the courts needed to prove that someone had committed a crime.
this was most difficult for women and also expensive.
Husbands were seen as "guilty" and the wives might receive a generous compensation.
Alimony
which is the payment that women have traditionally received as compensation for their unpaid roles as wives and mothers, has been reduced or eliminated through various legislation since 1970.
Women still tend to be finally subordinate to men. They continue to bear the brunt of a break up financially.
Women tend to have lower salaries and therefore have less to live on, and also because women are more likely to have custody of children and endure more financial costs associated with single parenting.
The court mandates child support that does not get paid to the women.
Many women feel that the law has little to do with their lives.

Good health/happiness of a person/group
Poverty is structured by racial and gender inequities
~
2010
" The founding fathers believed that women's political identity should be restricted because their presence in politics was immoral, corruptive, and potentially disruptive, and that women should be represented by fathers, husbands, or brothers."

Bootstrap Myth
Ignores the 'structure' of the labor force and the social hierarchy within it; focuses on individual
Helps explain stigma associated with welfare and the many stereotypes associated with women on welfare
Women are:
Lazy
Cheat the system
Have babies to increase welfare check
Government
and
state
tend to be used interchangeably

Government:

- is one of the institutions that make up the state

- it creates laws and procedures that govern society (also known as the political system)

- not representative of all people and elected officials do not necessarily represent all interests equitably
US Poverty Rate was 14.3%
43.6 million individuals living in poverty
Unemployment Rate was 10%
1/5 of children live in poverty.
"Wealthfare"
Welfare for the rich
Aid to dependent corporations
Timeline:
5 Major Types:
direct grants
allowing publicly funded research and development be used freely by for-profit corporations
discounted fees for public resources
tax breaks for the wealthy
corporate tax reductions and loopholes
Things to know about the Government:
Continue...
The liberal doctrine of representation first included women as rights-bearing citizens and represented them as members of the body politic however, women were excluded from a variety of political reasons.

Dominant culture assumed that politics and citizenship were purely masculine domains.

People believed that women should be confined to the private sphere of the home, where she will be dependent on men.

Women had no separate legal identity and were legal beings
ONLY
through their relationship to a man.

Women had no claims to citizenship until the 19th century.
1848
- Declaration of Sentiments and Resolutions aimed to ensure citizenship rights for women (produced at the Seneca Falls Convention)

1868
-
14th amendment was ratified
- 14th amendment: "That no state shall make or enforce any law which will abridge the privileges or immunities of the citizens of the United States, nor... 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 laws."
- This "
person
" was assumed to be
male
and women still could not vote and the government did not extend the law to women.

1873 and 1898
- When Susan B. Anthony gave her speech and when it was published.

1923
- The Equal Rights Amendment (ERA) was introduced into Congress to counter the inadequacies of the 14th Amendment concerning women and citizenship.
- ERA affirms that both women and men hold equally all of the rights guaranteed by the U.S. Constitution.
- Provides a remedy for gender discrimination for both women and men and, at the constitutional level, provide equal legal status to women for the first time in our country's history.
- Non-native-born women who married male U.S. citizens automatically lost their citizenship and were expected to reside in their husband's country and they also lost their right to vote.

1940s
- U.S. Constitution was rewritten to read: " Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex."

1972
- Revised U.S. Constitution passed Congress.

1982
- Revised Constitution failed to be ratified by the states.
-
"Sex" would have been a suspect classification like race however, it would require the same high level of "strict scrutiny" and have to meet the same high level of justification --- a "necessary" relation to a "compelling" state interest --- as the classification of race.
- After the ERA was removed from its platform, men and women in many of the unratified states worked under the "three state strategy."
- Three State Strategy: argues that because there was no actual time limit for ratification in the original ERA, the amendment remains only three states short of official ratification.



Continue....
Continue....
Did you know that. . .
Laws
determine what can and can't be done in society
Court System
created for maintaining laws and deciding punishments for people who have broken them
Police
enforce laws and keep public order
Prisons
responsible for punishing those who have broken the law + protecting society from those people
Continue...
Women + Prison
Present:
- Groups that are working together toward the legislation of Equal Rights Amendment at all levels:
(League of Women Voters U.S., American Association of University Women, Business and Professional Women/USA, National Organization for Women, National Women's Political Caucus, ERA Campaign, and the Equal Rights Amendment Organization.)
- Opponents of ERA were worried:
- the amendment is anti-family, reporting that it would deny a women's right to be supported by her husband and encourage women to desert motherhood.
- that it would also legislate abortion and gay and lesbian rights as well as send women into combat.
- Most feminist leaders today, agree that women would be better off if the ERA has been ratified in 1977.
- They would have received better opportunities for equality and would have been supported by stronger laws fighting gender discrimination in employment, education, and other areas of society.
- Although many people assume the continuity of women's rights, the U.S. Supreme Court is central in maintaining or potentially overturning several taken-for-granted rights. (Reproductive privacy, affirmative action, protection against gender-based discrimination, family and medical leave, and quality health care services)

Continue...
Citizenship:
- entails such obligations such as taxation, jury duty, and military service.
- Women shared taxation with men however, they were prevented from service or exempted from jury because of their role as mothers and housewives.

Juries:
- representative of the community.
- Often racially biased such that it was not unusual for an African American to face a white jury.
-1986, juries could not be constituted on the basis of race and gender could not be used as a basis for jury competence.

Women's Roles:
- Back then instead of military service, women were nurses, transport drivers, and dispatchers.
- Now they are able to participate in combat positions within most divisions of the armed services.
- Few women in political offices.
(Some suggest that women are just not interested and that they lack the credentials. MAIN REASON: conflict between family and work roles, lack of political financing, and discrimination and sexist attitudes toward women in politics.)

112th Congress of 2011-2012
- Democratic wins over Republican candidates tend to change the political landscape in terms of women's issues, bringing a stronger focus on the needs and general welfare of women and children.

- Females do not necessarily represent women's interests, just as people of color do not necessarily support issues that improve the status of the non-white groups.

- Many feminists vote for men in political office over women candidates because they understand that a candidate's being female does not necessarily mean that her politics, or those of the party she represents, are pro-women.

- Women tend to lean toward the Democratic party more than men do and are more likely to be concerned about such issues as education, welfare, health care, and the environment.

- Men tend to lean toward the Republican side and vote for strong defense, anti-welfare, and anti-affirmative action policies. (Not all men are Republican but as a group they are more likely to favor the issues put forward by the political party.)


Susan B. Anthony
Helped write the Declaration of Sentiments and Resolutions.
Also voted at Rochester, New York and was fined.
Hoping to bring the case to the Supreme Court she refused to pay and they closed the case so that it would not test the law.
35% of women are incarcerated for violent offenses
Prior to the 80s, women who killed in self defense almost always lost their plea
57% of incarcerated women have suffered severe and prolonged physical and/or sexual abuse
Only 23% of people on probation and 12 of people on parole are women

Work Cited:
Shaw, Susan M. "State, Law and Social Policy." <i>Women's Voices, Feminist Visions: Classic and Contemporary Readings</i>. 5th ed. New York: McGraw-Hill, 2012. 548-557. Print.

A branch of government constituted to defend against foreign and domestic conflict
A central component of the state and political system
A central defining principle of many societies worldwide and is especially predominant in colonialist and imperialist societies intent on expansion and resource accumulation.
Gender powered that perpetuates women's subordination within domestic,national and international arenas.
Women's experiences of war as combatants,victims, refugees, and survivors of violence, including sex workers.
Who is this?
34 % of women are in a legal profession as to the 66% of men
QUESTIONS?
THANK YOU!
Continued. . .
The military has ties to the economic system through a military-industrial complex that supports industries that manufacture weapons.
political "stability" in nations to maintain global endeavors and strategic
male-dominated
masculine traits such as violence, aggression, hierarchy, competition, and conflict
history of misogynistic and homophobic attitudes
Women served in WWII - nursing
It wasn't until 1976 that women could serve in the military
Race - segregated until 1948
Sexual violence and harassment of women been recognized as a wide spread problem within the U.S Armed services
Rape was the extreme example of interpersonal military violence, used as weapon of war
Misogynous culture normalizes violence, pornography & prostitution made available
Abused female military personnel (and civilian spouses) often resist reporting incidents out of fear of lack of confidentiality, retaliation and available services
"Don't Ask, Don't Tell" created by Clinton - February 28, 1994
It was thought to be a negative impact serving with an openly gay person
2010 study (DoD) showed that 70% of troops believed serving with an openly gay person would not have a negative impact
Repealed the policy and was signed by President Obama in December on 2010
http://www.americanbar.org/content/dam/aba/marketing/women/current_glance_statistics_july2014.authcheckdam.pdf
Full transcript