“男女平等”原则作为现代法治原则的题中之意却一直未明文载入作为现代法治国家—美国的宪法中,这一表象背后暗含着深层的政治与社会原因,并与消长的美国女权运动缠结在一起。这一问题指向美国制宪和修宪时是否要通过国家介入社会的方式对“男女平等”这一原则予以确认。 The meaning of the principle of “equality between men and women” as the principle of modern rule of law has never been clearly stated in the Constitution of the United States as a modern state governed by the rule of law. Implied by deep political and social causes behind this appearance is the fact that the United States Feminist movement tangled together. This question points to whether the United States should confirm the principle of “equality between men and women” in the way of state involvement in society when it is constitutionally constitutional and constitutional amendment.