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February 21, 2008
I knew it
I'm not Hillary Clinton's biggest fan, so I was pleased to see that a constitutional law scholar has concluded that the Constitution prohibits women from being president:
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.
Of course, this analysis ignores the part in the Constitution which actually says who can be President:
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
I couldn't help but notice it doesn't say whether or not the president has to be a man. I mean, sure, the framers of the Constitution probably never thought a woman would be president, but they sure didn't prohibit it. Whoops!
entry no. 1086
Posted at February 21, 2008 01:23 PM
Comments
Sweet, a short 5 more years and I'm eligible to be pres. Better start campaigning now.
Vote for G
Posted by: G at February 21, 2008 03:42 PM