Simone Lawson
The United States Constitution, crafted by 55 men in 1787, does not mention women at all. There were no women among the hundreds of people who participated in ratifying conventions in the states, and women could not hold office or run for office. The subject of women was never brought up during the Constitutional Convention, and there is no provision that applies to women as a distinct group. This has led to the charge that women were left out of the Constitution. However, women have always been included in all of the constitutional protections provided to all persons, without any basis in the text for discrimination on the basis of sex. Nevertheless, the absence of explicit mention of women in the Constitution has resulted in a lack of protection for women's rights, such as abortion and equal pay, and has allowed powerful men to perpetuate sexism and discrimination.
| Characteristics | Values |
|---|---|
| Women were not mentioned in the original Constitution | N/A |
| No provisions apply to women as a distinct group | N/A |
| No evidence that the subject of women was mentioned in the Constitutional Convention | N/A |
| Women were included in all constitutional protections provided to all persons | N/A |
| Women were not called to the duties of citizenship | N/A |
| Women were accorded the rights of the public sphere | N/A |
| The Constitution included women and called for their protection as members of society | N/A |
| The Constitution rests on an inclusive theory of representation | N/A |
| The need for an amendment to enshrine equality | N/A |
Explore related products
What You'll Learn
The Constitution was written by men in 1787
The United States Constitution was written and signed by a group of men in 1787. The document does not explicitly mention women, and there is no evidence that the subject of women's rights was discussed during its drafting. However, it is important to note that the Constitution was created during a time when societal norms and legal frameworks systematically excluded women from political participation.
At the time, women were not allowed to vote or hold office anywhere in the United States, and they were excluded from all levels of government. The absence of a specific mention of women in the Constitution reflected the prevailing social and cultural attitudes towards gender roles and political participation.
While the Constitution does not explicitly mention women, it includes them in the protections and rights afforded to all persons. The use of the term "sex" in the Constitution indicates an inclusive theory of representation, suggesting that women were implicitly included within the scope of the document. The Constitution's liberal political thought embodied a doctrine of protection and inclusiveness, extending rights and protections to all citizens, including women.
However, it is essential to acknowledge that the Constitution's promise of equality and protection for women has not always been fully realized. The interpretation and implementation of the Constitution have been subject to various influences and biases over time. Despite the inclusive language, women have faced significant barriers to equal rights and have often been excluded from the full enjoyment of the rights and protections guaranteed by the Constitution.
The prolonged debate over the Equal Rights Amendment (ERA) highlights the ongoing struggle for gender equality in the United States. First introduced in Congress in 1921, the ERA aims to enshrine equal rights among the sexes in the Constitution. Despite receiving widespread support and being passed by Congress in 1972, it has yet to be ratified as a constitutional amendment. The journey toward constitutional gender equality in the United States has been long and arduous, reflecting the complex nature of interpreting and amending the nation's founding document.
Understanding OUI: The First Half of Your MAC Address
You may want to see also
Women were excluded from government and politics
The Constitution included women and called for their protection as members of society. However, the rights it protected pertained to the public sphere, and women were not called to the duties of citizenship. They were, however, accorded the rights of citizens. The Constitution included women and made them rights bearers. The mention of "sex" in the Constitution means that it rests on an inclusive theory of representation. Once representation was shifted from property to persons, there was no longer any obvious rationale for excluding women.
The Constitution's framers made the amendment process difficult because the Constitution and its amendments are supreme and absolute. An amendment to the Constitution is superior to any law that is passed. It becomes a part of the bedrock of democracy. The Equal Rights Amendment (ERA) was first drafted in 1921 by Alice Paul, a suffrage leader who feared that the 19th Amendment would not be enough to ensure women's equality. The ERA was passed by Congress in 1972, and it received support from leaders of both parties and people from all walks of life. The ERA is now closer than ever to taking its rightful place in the supreme law of the nation.
Commerce Power: Constitutional Limits and Their Impact
You may want to see also
The document does not mention abortion or pregnancy
The United States Constitution does not mention women, abortion, or pregnancy. In fact, there is no evidence that the subject of women was ever discussed during the Constitutional Convention. This has led to the frequent charge that "women were left out of the Constitution". However, this is not entirely accurate. While it is true that women were not specifically mentioned in the Constitution, they were included in all of the constitutional protections provided to all persons, without any basis for discrimination on the basis of sex.
The Constitution included women and called for their protection as members of society. The rights protected by the First Amendment, such as the right of conscience, freedom of speech, press, assembly, and petition, are rights that sustain society and pertain to all citizens, including women. The Fourth, Fifth, Sixth, Seventh, and Eighth Amendments also protect citizens from overbearing government, regardless of gender.
The mention of the word "sex" in the Constitution indicates an inclusive theory of representation. Once representation shifted from property to persons, there was no longer a clear reason to exclude women. Women were included in the groups referred to as "the whole number of free persons" and "those bound to service for a term of years". It is notable that women were not explicitly excluded from these groups, as it was typical of the time to do so.
Despite the inclusion of women in certain constitutional protections, there was no explicit mention of abortion or pregnancy in the document. This absence has significant implications for the legal and social treatment of these issues. The lack of specific references to abortion and pregnancy in the Constitution has left room for interpretation and ongoing debates about the rights and protections afforded to women in these areas.
While the Constitution may not explicitly mention abortion or pregnancy, the interpretation and application of constitutional principles have influenced how these issues are addressed in law and policy. The absence of specific language on abortion and pregnancy in the Constitution reflects the historical context and societal norms of the time, as well as the evolving nature of constitutional interpretation and jurisprudence.
Healthy Living: Longevity and Wellness Secrets
You may want to see also
Explore related products
The Constitution includes women and calls for their protection
The Constitution of the United States of America is a document that embodies a doctrine of protection and inclusiveness. The Constitution included women and called for their protection as members of society. The mention of "sex" in the Constitution, however fleeting and inadvertent, means that the document is founded on an inclusive theory of representation.
The Constitution and the liberal political thought that informed it, made women rights bearers. Women were accorded the rights protected by the First Amendment, such as the right of conscience, the right to worship, freedom of speech, press, assembly, and petition. The Fourth, Fifth, Sixth, Seventh, and Eighth Amendments also protect women from overbearing government.
While there is no explicit mention of women in the Constitution, they are included in the phrase "the whole number of free persons". Women are also among "those bound to service for a term of years", taxed Indians, and "all other persons". It is significant that women are not excluded from any of these groups, as they did not vote or hold office in 1787. A clear exclusion of women would have been typical of the time.
The Constitution's promise of equality and protection for women has not always been fulfilled. The social Constitution was bent to sustain slavery and subjugate certain groups. Over time, the promise of equality has been perverted, and women have faced discrimination and exclusion. The Equal Rights Amendment (ERA) was introduced to address this discrepancy and guarantee inclusion and protection under the law.
The ERA, first drafted in 1921 by Alice Paul, was designed to ensure that the 19th Amendment's promise of voting rights for women was fully realized. The ERA has since received broad support and was passed by Congress in 1972. The recent passage of the Equality Act is another step towards fulfilling the promise of equality and protection for women in the Constitution.
Defending the Constitution: Our Collective Duty
You may want to see also
The ERA will ensure equal rights for women
The Equal Rights Amendment (ERA) is a proposed amendment to the US Constitution that guarantees equal rights for women. The ERA was first drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman. It was proposed to Congress in 1972, and since then, 38 states have ratified it.
The ERA is based on the principle of gender equality and aims to enshrine this principle in the founding charter of the nation. The amendment emerged as a top legislative priority after Democrats gained control of both houses of the Virginia General Assembly, leading to the election of the first female speaker of the state's House of Delegates. The measure received bipartisan support in both chambers.
The ERA ensures that equal rights under the law shall not be denied because of sex. It firmly rejects sharp legislative lines between the sexes and promotes a legal system where each person is judged based on individual merit rather than unalterable traits of birth. The amendment's supporters argue that it is necessary because the US Constitution does not specifically guarantee equal rights protections based on sex.
While the original Constitution did not explicitly mention women, it included them in all the constitutional protections provided to all persons, without any basis for discrimination on the basis of sex. However, pervasive gender discrimination persists in the form of wage disparities, sexual harassment, violence, and unequal representation in American democratic institutions. The ERA aims to address these issues and ensure that women's rights are protected and promoted.
Despite the progress made by the ERA, there are still hurdles to its implementation. The ratification deadlines set by Congress have lapsed, and five states have rescinded their prior approval. It is now up to Congress, the courts, and the American people to resolve these issues and determine whether the ERA's protections for women will be added to the Constitution.
Commerce Clause: Understanding the Constitution's Commerce Clause
You may want to see also
Frequently asked questions
Women were not among the hundreds of people who participated in ratifying conventions in the states. There were no women judges, legislators, office holders, or people running for office. Except in New Jersey, women could not vote.
The absence of any mention of women in the US Constitution has led to the charge that "women were left out of the Constitution". However, some argue that women were implicitly included and were members of the "'imagined community' of the new American nation.
The Equal Rights Amendment (ERA) was first drafted in 1921 by Alice Paul, a suffrage leader and head of the National Women's Party. The ERA seeks to guarantee inclusion and strengthen protections under the law.
The ERA has received support from leaders of both parties, multiple organizations, and people from all walks of life. It has also passed rigorous social and legal scrutiny. However, it has yet to be added to the US Constitution as an amendment.
