Working Women or Women Workers? The Women's Trade Union League and the Transformation of the American Constitutional Order

Abstract

Labor, gender and, class have each been identified as important reconstructive forces of the American constitutional order, but rarely has a single organization provided an opportunity to directly study the interrelationship of all these forces during a critical period of constitutional change. This article examines one such organization during the years leading up to the New Deal: The Women's Trade Union League. The WTUL, which uniquely mixed middle-class and working-class membership, was founded in 1903 to facilitate trade union organizing by women. Its labor approach, however, would ultimately fail, pushing the league to more fully embrace its connections to the middle-class leadership of the women's movement, thereby transforming its strategic approach and constitutional outlook away from the anti-statist voluntarism of the labor movement to the pragmatic and statist maternalism of the women's movement. The WTUL would subsequently become an important contributor to the legislative program of progressive reformers flourishing during this period under the gendered exception to free contract liberty won inMuller v. Oregonin 1908. This strategic organizational transformation would create tensions within the league and between the league and women workers, as well as invite constitutional consequences for women workers that would resonate for years, long past the constitutional revolution of 1937 and the apparent constitutional reintegration of male and female labor. This case study, therefore, provides a unique lens through which to view not only the constitutional tradeoffs of the adoption of the gendered Constitution as an alternative to the labor Constitution, but also the impact of the resource-conscious decision making of social-movement actors that is often overlooked by constitutional scholars preoccupied with judicial decision making.