Tuesday, February 26, 2008

Can a woman legally be elected president of the US?

Most people believe not only that the 19th Amendment permitted women the right to vote but that since women serve in Congress, the courts and other offices of government, the office of president of the United States has been de-genderized.

Not true. This important legal question exists now and has not been constitutionally addressed. The language and syntax of the 19th Amendment merely removed the barriers that prevented women from voting. It did not identify women to be qualified to become elected president.

The language is clear. The 19th Amendment says: "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 sex."

We cannot read into the amendment something that is not there. Now, had the amendment said, "The right of citizens of the United States to vote or hold public office shall not be denied," it would have accomplished what the feminists think took place.

The Susan B. Anthony Amendment (as it was then known, because the words were actually drafted by the suffragist in 1875) passed in the House by a vote of 304 to 89. The Senate then passed it, 56 to 25. The text of both the House and Senate deliberately avoided any language that would allow or permit women the right to seek the highest office in the land! It was the considered opinion of senators on both sides of the aisle that if language de-genderized the presidency, the amendment's ratification by the necessary 36 states would be in great doubt.
Today's feminists believe the election process is an evolutionary process, legalized by common practice and that someday a woman will be president. They are convinced that since women have run for the office, the male-gendered presidential office has been neutered .

Not so. They will be challenged, and a Supreme Court ruling on the language will be necessary. At the very least a constitutional amendment to change the language will be required.

From opinion: here