Malcolm Rivera
The original US Constitution did not include any mention of women, and it was assumed that women were not part of the political community created by the Constitution. However, some people argue that women's omission from the Constitution was unintentional, and they were therefore implicitly included as members of the imagined community of the new American nation. The 19th Amendment, passed in 1920, granted women the right to vote, and the Equal Rights Amendment (ERA), passed in 1972, aimed to guarantee inclusion and strengthen legal protections for women. Despite these amendments, inequality and discrimination against women, especially women of color, have persisted, highlighting the need for continued efforts to achieve gender equality in the Constitution.
| Characteristics | Values |
|---|---|
| Were women mentioned in the Constitution? | No, the Constitution does not mention women at all. |
| Were women a part of the political community created by the Constitution? | There are varying opinions on this. Some believe that women's omission from the Constitution meant they were implicitly included and were members of the "imagined community". Others argue that the omission was intentional and hence women were not part of the political community created by the Constitution. |
| Were women granted the right to vote by the Constitution? | No, women were not granted the right to vote by the Constitution. The 19th Amendment, passed in 1920, granted women the right to vote. |
| Were women mentioned in the 1820 debates over the Missouri Compromise? | Yes, a Kentucky senator, Richard M. Johnson, defended the Three-Fifths Clause, stating that slaves, women, and minors were represented. |
| Were women considered citizens? | There was ambiguity around the definition of the word "citizen" before the war and the reconstruction acts that followed. Some jurists contended that all persons owing allegiance to the government and protected by it were citizens, while others argued that only those who were accredited legal voters could be called citizens. |
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What You'll Learn
- The 19th Amendment granted women the right to vote in 1920
- The omission of women from the Constitution was intentional
- Women were not considered part of the political community
- The Equal Rights Amendment (ERA) was passed by Congress in 1972
- The ERA ensures the government does not discriminate based on sex
The 19th Amendment granted women the right to vote in 1920
The 19th Amendment to the U.S. Constitution, ratified on August 18, 1920, granted women the right to vote. The amendment was first introduced in Congress in 1878, and its ratification was the culmination of a long and difficult struggle by women's suffrage supporters that began in the mid-19th century. These women lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many Americans considered a radical change to the Constitution.
The campaign for women's suffrage was not without its challenges. Supporters of women's voting rights faced fierce resistance, including heckling, jail time, and sometimes physical abuse. Despite these obstacles, they persevered, and by 1912, nine western states had adopted woman suffrage legislation. The movement gained further momentum in 1916 when almost all of the major suffrage organizations united behind the goal of a constitutional amendment.
The 19th Amendment states that "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." This amendment legally guarantees American women the right to vote and changed the face of the American electorate forever. However, it is important to note that ratification did not ensure full enfranchisement for all women. Many women, particularly African Americans and other minority women, continued to face barriers to voting due to discriminatory state laws.
The inclusion of women in the Constitution had been a subject of debate even before the 19th Amendment. Some argued that the omission of women from the Constitution meant they were implicitly included as members of the "imagined community" of the new American nation. Others contended that the omission was intentional and excluded women from the political community created by the Constitution.
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The omission of women from the Constitution was intentional
The United States Constitution, originally enacted in 1787, did not include any explicit mention of women. While there has been historical debate about the interpretation of this omission, it can be argued that the exclusion of women from the Constitution was indeed intentional.
Firstly, the language and structure of the Constitution suggest that the omission was deliberate. The Constitution is a carefully crafted document, and the absence of any reference to women indicates that they were not considered a part of the political community established by the Constitution. This interpretation is supported by the fact that other groups, such as slaves, were specifically mentioned, albeit in a limited and problematic context.
Secondly, the historical context of the time suggests that women were not intended to be included in the political process. During the late 18th century, women were largely excluded from public life and politics. They were often viewed as belonging to the private sphere, concerned primarily with domestic and familial responsibilities. This cultural and societal context influenced the drafting of the Constitution, resulting in the exclusion of women from its provisions.
Additionally, the arguments presented during the Constitutional Convention and the records of the Federal Convention support the idea that the omission was intentional. James Madison's notes, for example, indicate that there was a conscious decision to delete references to gender. While James Wilson introduced the phrase "every age sex & condition," it was ultimately removed by the Committee of Style. This suggests that the framers of the Constitution actively chose to exclude specific references to women.
Furthermore, the historical interpretation of the Constitution and the legal arguments presented in the 19th century also support the idea that the omission was intentional. Legal scholars and politicians alike debated the status of women under the Constitution, with some arguing that women were implicitly included as part of the "imagined community" of the nation. However, these interpretations were often met with resistance, indicating that the prevailing understanding was that women were not inherently a part of the political community established by the Constitution.
In conclusion, while there may be differing interpretations, the weight of historical evidence and contextual understanding suggests that the omission of women from the Constitution was indeed intentional. This exclusion had significant implications for the political and legal status of women in the United States, and it was only through subsequent amendments and legal challenges that women were able to gain equal rights and recognition under the law.
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Women were not considered part of the political community
The United States Constitution, originally adopted in 1787, did not explicitly mention women. This exclusion from the text has led to the interpretation that women were not considered part of the political community.
The prevailing assumption was that women were not included in the Constitution, and this interpretation was supported by the deletion of James Wilson's phrase "every age, sex & condition". Wilson's intention was not to ensure representation for women but to address the issue of whether wealth or population should be represented in the House and how slaves should be counted. The Committee of Style's removal of his phrase indicates that the explicit inclusion of women was not intended.
The interpretation that women were not part of the political community is further supported by the historical context and the actions of the founding fathers. The founders likely never contemplated the possibility of a woman as President, nor did they envision women voting on an equal basis with men. This is evident in the lack of female representation during the Constitutional Convention and the subsequent struggle for women's suffrage.
Beginning in the mid-19th century, women's suffrage supporters faced fierce resistance as they lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many considered a radical change to the Constitution. It was not until 1920, after decades of tireless work, that the 19th Amendment was ratified, granting women the right to vote.
The absence of women in the Constitution and the historical context suggest that women were not considered part of the political community. It was not until much later, through the efforts of suffragists and the passage of the 19th Amendment, that women began to be included in the political process.
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The Equal Rights Amendment (ERA) was passed by Congress in 1972
The Equal Rights Amendment (ERA) was first drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman. It was proposed as an amendment to the United States Constitution that would explicitly prohibit sex discrimination and provide for the legal equality of the sexes. The ERA was introduced in Congress in December 1923 and then in every session of Congress from 1923 onwards, but it made little progress until the 1970s.
In 1970, a new class of women lawmakers, including Representatives Martha Griffiths and Shirley Chisholm, pressed to make the ERA a top legislative priority. They faced resistance from Representative Emanuel Celler, the powerful chairman of the House Judiciary Committee, who had refused to hold a hearing on the ERA for over 30 years. However, he finally relented due to the increased pressure. On October 12, 1971, Griffiths's joint resolution was adopted by the House, and on March 22, 1972, it was adopted by the Senate without any changes.
The ERA was then placed before the state legislatures, with a seven-year deadline to acquire ratification by three-fourths (38) of the state legislatures. A majority of states ratified the proposed constitutional amendment within a year, with Hawaii becoming the first state to do so on the same day the amendment was approved by Congress. During 1972, a total of 22 state legislatures ratified the amendment, and eight more joined in early 1973. However, the approaching deadline caused concern among advocates as the support for the ERA started to erode due to a conservative backlash against feminism.
The ERA's ratification deadline was eventually extended to June 30, 1982, but it still fell short of the necessary 38 states for ratification. As of 2022, 38 states have ratified the ERA, but whether its protections for women will be added to the Constitution remains uncertain.
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The ERA ensures the government does not discriminate based on sex
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination. It was written by Alice Paul and Crystal Eastman and was first introduced in Congress in December 1923. The ERA is not currently a part of the Constitution, though its ratification status has long been debated.
The ERA has been supported by advocates led primarily by the National Organization for Women (NOW), who have maintained that the issue is mainly economic. NOW's position is that many sex-discriminatory state and federal laws perpetuate a state of economic dependence among a large number of women. They argue that laws determining child support and job opportunities should be designed for the individual rather than for one sex. Many advocates of the ERA also believe that the failure to adopt the measure as an amendment would cause women to lose many gains and would give a negative mandate to courts and legislators regarding feminist issues.
The ERA has been opposed by several groups, including anti-ERA feminists with ties to labor. In the 1940s, opponents of the ERA proposed an alternative that provided for distinctions based on sex to be made based on "physical structure, biological differences, or social function". This alternative was quickly rejected by both pro- and anti-ERA coalitions. The ERA has also faced opposition from political figures, such as President John F. Kennedy, due to his ties to labor unions, and Eleanor Roosevelt, who opposed the ERA but later announced that she no longer spoke against it publicly.
Despite the lack of explicit inclusion of the ERA in the Constitution, courts and legislatures have made significant progress towards gender equality in recent decades. This progress is due in part to the efforts of Ruth Bader Ginsburg, who successfully argued for a jurisprudence of gender equality under the 14th Amendment's Equal Protection Clause. However, pervasive gender discrimination still persists in various forms, such as wage disparities, sexual harassment, and violence.
In summary, the ERA aims to ensure that the government does not discriminate based on sex by explicitly prohibiting sex discrimination in the Constitution. While the ERA has not been formally adopted as an amendment, its proponents argue that it is necessary to protect women's rights and prevent negative mandates on feminist issues. Opponents of the ERA have proposed alternatives that allow for some distinctions based on sex, but these have been rejected by both pro- and anti-ERA groups. Despite the ongoing debate, there have been significant gains in women's rights due to the efforts of activists and legal advocates, even as the struggle against gender discrimination continues.
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Frequently asked questions
No, the original US Constitution did not mention women.
No, women were not involved in the creation of the Constitution.
No, the Constitution did not grant women any rights. In fact, it took until 1920 for women to gain the right to vote with the 19th Amendment.
Yes, women have been actively trying to be included in the Constitution since the mid-19th century. The Equal Rights Amendment (ERA) was first introduced in Congress in 1924 and passed in 1972.
The fact that women are not mentioned in the Constitution has been interpreted in different ways. Some argue that women's omission meant they were implicitly included in the "imagined community" of the new American nation. Others argue that women's exclusion was intentional and that they were not considered part of the political community created by the Constitution.
