Jonah Patel
Women have historically been excluded from political processes, and the fight for women's suffrage has been long and difficult. In the United States, women were not included in the daily meetings of the Constitutional Convention in 1787, and they did not vote for or against the adoption of the Constitution. However, some women were interested in the political happenings and may have had opinions on the future of the Constitution, even if these were not formally expressed or recorded. The language of the Constitution, which uses the word persons instead of men, can be interpreted as inclusive of women, and some women may have hoped for direct inclusion in the new government. The campaign for women's suffrage in the United States gained momentum in the mid-19th century, and the 19th Amendment, granting women the right to vote, was finally ratified in 1920.
| Characteristics | Values |
|---|---|
| Women's opinions on the future of the constitution | Women were interested in the political happenings of the time and influenced the proceedings of the convention and the language of the final document |
| Women's inclusion in the constitution | The use of the word "persons" instead of "men" in the constitution was believed to include women |
| Women's suffrage | The 19th Amendment to the U.S. Constitution, passed in 1920, granted women the right to vote |
| Women's influence on the Constitutional Convention | Women like Elizabeth Powel, Mrs. House, Mrs. Marshall, and Miss Daley likely had opinions on the subjects discussed at the convention and may have influenced the proceedings |
| Women's role in early American politics | Women built on Enlightenment ideas and put forward the concept of equal capacity and participation in constitutional government |
| Women's access to single-sex spaces | The Supreme Court's ruling on the definition of a woman impacts women's access to single-sex spaces and services |
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What You'll Learn
Women's opinions on the Constitution in 1787
One source suggests that women were pushing to be admitted into the constitutional state, indicating that they sought political participation and recognition as equal citizens. This interpretation is supported by the fact that women taxpayers in New Jersey were allowed to vote during this period, suggesting a broader context of women's political engagement and a potential shift towards female suffrage.
The use of the word "persons" in the Constitution, rather than "men," has been interpreted as an intentional choice to include women. This interpretation is strengthened by debates during the Constitutional Convention, where delegates discussed the inclusion of women in the political community.
The presence and influence of women during this period also suggest that their opinions were considered. For example, Eliza Harriot, a woman of significance in the summer of 1787, attended lectures by George Washington, indicating her engagement with political ideas and her potential influence on the founding fathers' thinking.
Additionally, the term "female genius" emerged in the 1770s and 1780s, encapsulating the idea that women were not inferior and had valuable contributions to make in various fields, including politics. This term may have influenced the founding fathers' thinking and encouraged a more inclusive approach to the Constitution.
While the specific opinions of women on the future of the Constitution in 1787 may not be well-documented, the broader context suggests that women were engaged in political thought, advocated for their inclusion, and had a potential impact on the founding fathers' thinking during this pivotal moment in American history.
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Women's influence on the language of the Constitution
Women have historically been excluded from constitution-making processes, and their influence on the language of the Constitution has often been understated or overlooked. However, women have played a significant role in shaping constitutional language and interpretation, both directly and indirectly, even if their contributions have not always been explicitly recognised.
One of the earliest examples of women's influence on the Constitution can be traced back to the debates during the formation of the House of Representatives. According to James Madison's notes, Roger Sherman of Connecticut proposed that each state's representation be based on the "respective numbers of free inhabitants." This proposal introduced women to the Constitutional Convention, as it sparked a discussion on representation that considered the inclusion of women. While the focus of the debate was not explicitly on women's rights, their inclusion in the conversation set a precedent for their place in the Constitution.
The choice of language in the Constitution is also indicative of women's influence. The delegates chose to use the word "persons" instead of "men," indicating an intentional shift towards a more inclusive language that encompassed women. This choice was likely made to reflect the belief that the purpose of government was to protect society, as articulated by Wilson in his Lectures on Law. By recognising women as "persons," the Constitution granted them rights and acknowledged their place in the political community.
However, the interpretation of women's inclusion in the Constitution has been debated. Some argue that the omission of women from certain sections of the Constitution was intentional, indicating their exclusion from the political community. On the other hand, others suggest that women's omission meant they were implicitly included as members of the "imagined community" of the new American nation. This interpretation suggests that the Constitution's language was intended to be inclusive, even if the explicit intent of the authors is not always clear.
In recent times, women have actively worked to influence constitutional reform and language. In countries affected by conflict or unrest, women have played a crucial role in building coalitions and advancing consensus. For example, in Kenya, women's groups held a "spitting session" to air their grievances and bridge ethnic and political divides, demonstrating their ability to influence priority issues in the constitution. Additionally, women have employed various tactics to gain access to constitution-making bodies, such as mobilising early, forming strategic alliances, and advocating for gender equality and the rights of marginalised groups.
In conclusion, while women's influence on the language of the Constitution may not always be immediately apparent, it is significant. Women have shaped the interpretation and application of the Constitution, both during its formation and in subsequent years. Their efforts to gain access to constitution-making processes and their advocacy for inclusive language have had a lasting impact on the rights and representation of women in the political sphere.
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Women's inclusion in the House of Representatives
However, it was not until the mid-19th century that the women's suffrage movement gained significant momentum. Women lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many considered a radical change to the Constitution. Their efforts culminated in the passage of the 19th Amendment, which granted women the right to vote. Approved by Congress on June 4, 1919, and ratified on August 18, 1920, this amendment marked a pivotal moment in recognizing women's political rights.
The language of the Constitution played a crucial role in shaping women's inclusion. The use of the word "persons" instead of "men" in the text left room for interpretation and indicated a potential intention to include women. This choice of wording suggested that women were not explicitly excluded from the political community established by the Constitution.
Despite the eventual inclusion of women in the House of Representatives, it is important to acknowledge that the journey towards true gender equality in politics remains ongoing. The fight for equal representation and the eradication of gender-based discrimination is still ongoing.
In conclusion, women's inclusion in the House of Representatives has come a long way since the early days of the United States. From influencing the framing of the Constitution to gaining the right to vote, women have made significant strides. However, the work towards full gender equality in politics is still a work in progress, and continued efforts are necessary to ensure that women's voices are heard and valued in the halls of power.
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Women's suffrage and the 19th Amendment
The 19th Amendment, guaranteeing all women the right to vote, was passed by Congress on June 4, 1919, and ratified on August 18, 1920. The amendment states: "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." The road to the 19th Amendment was a long and arduous one, with the women's suffrage movement beginning in the early 19th century. Women's suffrage was tied in large part to agitation against slavery, and the movement gained momentum in 1848 with the Seneca Falls Convention, which called for women's suffrage.
In the second half of the 19th century, certain states and territories began to extend limited voting rights to women. Wyoming Territory granted women the right to vote in all elections in 1869. However, it became apparent that an amendment to the federal Constitution was necessary to ensure that women's right to vote was protected. As the United States entered World War I in 1917, the National American Woman Suffrage Association (NAWSA) encouraged its supporters to join the war effort, arguing that women deserved the vote because they were patriots, caregivers, and mothers. The combination of NAWSA's war efforts and the publicity attracted by the National Woman's Party's (NWP) pickets of the White House led to widespread support for women's suffrage.
Despite the growing support for women's suffrage, President Woodrow Wilson initially refused to endorse it. However, in September 1918, he addressed the Senate in favour of votes for women. Wilson's declaration that a federal constitutional amendment was needed, not simply state-by-state referendums, was a stark contrast to his previous stance. Wilson's evolution on women's suffrage has captivated historians, and his eventual support for the 19th Amendment was a significant step forward in the fight for women's rights.
The passage of the 19th Amendment was a monumental moment in the history of women's rights in the United States. It officially extended the right to vote to women, guaranteeing that their right to vote could not be denied or abridged on account of sex. The amendment was a testament to the tireless efforts of women's suffrage activists and a step towards a more inclusive and democratic society.
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Women's rights and the Supreme Court
The U.S. Constitution, being nearly 220 years old, does not explicitly include provisions opposing gender-based discrimination. However, the words "all persons" inserted into the Constitution are interpreted to include women, implying that they are members of the political community created by the Constitution.
The Supreme Court has played a significant role in shaping women's rights in the United States. In the middle of the twentieth century, the Court acknowledged that "separate but equal" was wrong. Despite this, until 1971, the Court rejected every woman's complaint regarding a denial of equal protection by state or federal law. This changed when the Justices began to support the arguments of equal rights advocates, leading to the establishment of the ACLU Women's Rights Project.
In 1973, the Supreme Court ruled in Roe v. Wade that women have a constitutionally protected right to control their reproductive capacity. This case set a precedent for women's reproductive rights and had a significant impact on policies and practices regarding abortion and pregnancy-related decisions.
Another notable case involving women's rights is that of Captain Susan Struck, an Air Force officer who became pregnant while serving as a nurse in Vietnam in 1970. Captain Struck, a Roman Catholic, chose neither to have an abortion nor to leave the service. She sued to prevent the Air Force from discharging her, but she lost in both the court of first instance and the Court of Appeals.
In recent years, the Supreme Court has continued to address issues related to women's rights. In 2020, the Court's decision in Bostock v. Clayton County addressed Title VII of the Civil Rights Act of 1964 and its implications for gender identity-based access to single-sex spaces. The Attorney General was tasked with correcting the misapplication of this decision to sex-based distinctions in agency activities.
In 2025, the UK Supreme Court ruled on the definition of a woman under equalities law, siding with the campaign group For Women Scotland. This ruling affirmed that a woman is defined by biological sex, which has significant implications for sex-based rights and protections across the country.
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Frequently asked questions
Yes, women influenced the framing of the Constitution. While the language in the final document did not allow them to actively participate, it also did not shut women out of citizenship and future discussions.
No, women did not have the right to vote in the early American political system. It took decades of agitation and protest, but the 19th Amendment to the U.S. Constitution was passed by Congress on June 4, 1919, and ratified on August 18, 1920, granting women the right to vote.
No women attended the daily meetings in Philadelphia, Pennsylvania, during the summer of 1787. However, some women were intensely interested in the political happenings and were influenced by the proceedings of the convention.
Yes, women like Mrs. House, Mrs. Marshall, and Miss Daley had opinions on the future of the Constitution. They likely had or even expressed unrecorded opinions on the subjects, possibly influencing the state house proceedings indirectly.
