Simone Lawson
The United States Constitution, drafted in 1787 by 55 men, does not explicitly mention women. While the words man or male do not appear in the text, pronouns such as he, his, and himself are used. There is no evidence that the subject of women was discussed during the Constitutional Convention, and women were not among the hundreds of people who participated in ratifying conventions in the states. The absence of explicit mention of women in the Constitution has led to efforts to amend it to recognize women's rights, such as the Equal Rights Amendment (ERA), which was first proposed in 1923 and has faced challenges in being added to the Constitution. Despite the lack of explicit mention, some argue that women are implicitly included in the Constitution's protections afforded to persons.
| Characteristics | Values |
|---|---|
| Women were not explicitly mentioned in the Constitution | Women were not mentioned in the original Constitution, and there are no provisions that apply to women as a distinct group. |
| Women were not among the hundreds of people who participated in ratifying conventions in the states. | |
| Women were not among the delegates to the Constitutional Convention. | |
| The term "sex" was mentioned, but there was no discussion about women's rights or duties. | |
| The Constitution uses non-sexist terms like "electors," "citizens," "members," "inhabitants," "officers," "representatives," and "persons." | |
| The Equal Rights Amendment (ERA) has been proposed to recognize women's equal rights under the law, but it has not been ratified by enough states to become part of the Constitution. | |
| Women's rights are not explicitly guaranteed in the Constitution, and efforts to amend it have faced challenges. |
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What You'll Learn
Women were not considered 'persons'
The United States Constitution, drafted in 1787, does not mention women at all. The omission of any reference to women in the Constitution is often interpreted as an indication that women were not considered persons or full citizens at the time. This interpretation is supported by the historical context in which the Constitution was written, where women were largely excluded from political and social life.
At the time of the drafting of the Constitution, women were not allowed to vote, hold office, or participate in ratifying conventions or legislative processes. They were largely excluded from public life and were not seen as part of the political community embraced by the phrase "We the People". This exclusion from political and social life meant that women had little to no representation or protection under the law.
The absence of any explicit mention of women in the Constitution has had significant implications for women's rights and equality. Despite the inclusion of the Equal Protection Clause in the 14th Amendment, which prohibits states from denying any person equal protection under the law, women's rights are still not explicitly guaranteed or protected. This has led to persistent efforts to amend the Constitution to include an Equal Rights Amendment (ERA) that explicitly guarantees women's equal rights under the law.
The push for equal rights for women gained momentum in the 1920s, after women gained the right to vote. Alice Paul, a suffragette and head of the National Women's Party, drafted the first version of the ERA in 1921 or 1923. The proposal was adopted and turned into proposed legislation, but it faced major challenges and was not successful until it was passed by Congress in 1972. Despite this, the ERA still fell short of the required number of state ratifications to become part of the Constitution.
It is important to note that the omission of women from the Constitution was not simply an oversight, but a reflection of the societal norms and beliefs of the time. The founders of the Constitution, all of whom were men, operated within a framework that largely excluded women from public life. This exclusion was so pervasive that it was rarely even questioned or discussed, as evidenced by the lack of any record of discussions about women's rights or duties during the Constitutional Convention.
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The focus was on slavery
While the U.S. Constitution does not explicitly mention women, it also does not include any reference to race or colour. Instead, circumlocutions such as "person held to service or labour" are used to avoid the use of the word "slave". The focus of the Constitution's authors was on the issue of slavery, and the question of how to count slaves when determining representation in the House.
The term "sex" was mentioned during the Constitutional Convention, but there is no record of any discussion about women, their rights, or their duties. The issue of gender was far from the minds of the delegates, who were primarily concerned with hammering out formulas for representing and accounting for slave property. The Constitution's authors did not intend to include women as rights bearers, and the Committee of Style even deleted James Wilson's phrase about "every age, sex & condition".
The Constitution uses consistently non-sexist terms such as "electors," "citizens," "members," "inhabitants," "officers," "representatives," and "persons," indicating that the rights, privileges, and protections afforded to persons in the Constitution apply equally to both men and women. However, some argue that the use of masculine pronouns ("he," "his," and "himself") suggests that only men were meant to hold national office or the Presidency.
The fact that women were not explicitly mentioned in the Constitution has led to the charge that "women were left out of the Constitution". However, it is important to note that women were legally considered "persons" and were included in all of the constitutional protections provided to all persons, fully and equally. The Equal Rights Amendment (ERA), first proposed in 1923, seeks to explicitly recognise women's equal rights under the law and prevent discrimination based on sex. Despite gaining widespread support, the ERA has faced challenges and has not yet been added to the Constitution.
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The topic of gender was not discussed
The absence of any mention of women in the Constitution has led to the charge that "women were left out of the Constitution." However, it is important to note that women were included in the Constitution and were rights bearers, even if this was not the express intent of the authors. The mere mention of the word "sex" in the Constitution indicates an inclusive theory of representation. The use of the word "persons" instead of "men" also suggests that the rights, privileges, and protections afforded in the Constitution apply equally to both male and female persons.
The issue of gender was likely far from the minds of the delegates, who were focused on formulating policies regarding slave property. The fact that women could not hold office, run for office, or vote at the time (except briefly in New Jersey) may also have contributed to the lack of discussion about women's rights during the Constitutional Convention.
Despite the inclusion of women in the Constitution, efforts to amend it to explicitly recognize women's rights, such as through the Equal Rights Amendment (ERA), have faced significant challenges. The ERA, first drafted in 1921 by Alice Paul, aims to guarantee the inclusion of women and strengthen legal protections. While it has gained momentum and support over the years, it has not been successfully added to the Constitution. In 2019, women's rights were still not explicitly recognized in the US Constitution, and the fight for equal rights continues.
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Women had no political power
The United States Constitution, drafted in 1787, was written by 55 men with no female delegates present. The document does not mention women at all, and there is no evidence that the subject of women was ever discussed during the Constitutional Convention. At the time, women could not hold office or run for office, and except in New Jersey, they could not vote. Legally, most women did not exist as persons, and they were excluded from political power.
The absence of any mention of women in the Constitution has been interpreted in different ways. Some argue that by using gender-neutral terms such as "persons," the Constitution grants equal rights and protections to both men and women. Others believe that the use of masculine pronouns indicates that only men were intended to hold national office. The fact remains that women were not explicitly included in the founding documents, and their rights were not guaranteed.
The push for equal rights for women gained momentum in the 1920s after women gained the right to vote. Alice Paul, a suffragette, proposed the first version of the Equal Rights Amendment (ERA) in 1921, which was endorsed by four sitting presidents by 1970. The ERA aims to recognize women's equal rights to men under the law and address issues such as equal pay, fair healthcare coverage, protection against gender discrimination, and reproductive rights. Despite concerted efforts by women's rights groups, the ERA has faced challenges and has not been ratified as a constitutional amendment.
While women have gained electoral power over time, they were excluded from political power for much of American history. The absence of women in the Constitution and the ongoing struggle to amend it to explicitly recognize women's rights highlight the challenges faced by women in gaining equal representation and protection under the law.
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The Constitution uses non-sexist terms
The US Constitution does not mention women at all. There is no provision that applies to women as a distinct group, and there is no evidence that the subject of women was ever mentioned in the Constitutional Convention. However, the Constitution uses non-sexist terms throughout, referring to "electors," "citizens," "members," "inhabitants," "officers," "representatives," and "persons." There are pronouns such as "he," "his," and "himself," but there are no nouns or adjectives that denote sex.
The use of non-sexist terms in the Constitution has been interpreted to mean that every right, privilege, and protection afforded to persons in the Constitution is afforded to women equally. This interpretation is supported by the fact that the term "sex" is mentioned in the Constitution, indicating an inclusive theory of representation. Feminist scholars argue that gender is always a factor in political theory and government, and that women are either included or excluded, explicitly or implicitly.
While the Constitution does not explicitly mention women, it is important to note that women were not left out entirely. They have always been included in the constitutional protections provided to all persons, fully and equally, without any basis for discrimination based on sex. This interpretation is further supported by the fact that the Equal Protection Clause in the 14th Amendment prohibits states from denying any person equal protection under the law.
However, women's rights advocates argue that sex discrimination is a pervasive problem and that the Equal Rights Amendment (ERA) is necessary to resolve it. The ERA, first drafted in 1921 by Alice Paul, a suffrage leader, aims to guarantee the inclusion of women and strengthen their legal protections. Despite gaining momentum and support over the years, the ERA has faced major challenges and has not been added to the Constitution. In 2019, women's rights were still not explicitly recognized in the US Constitution, and efforts to amend it to include the ERA continued.
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Frequently asked questions
Women were not explicitly mentioned in the US Constitution because the authors did not intend to include them. The Constitution was written by 55 men, with no women among the hundreds of people who participated in ratifying conventions in the states. There were no women judges, legislators, or office holders. At the time, women could not vote, hold office, or run for office.
The original Constitution does not contain the words "man" or "male". However, it does include pronouns such as "he", "his", and "himself". Some people believe that the use of these pronouns indicates that the authors intended only men to hold national office. Additionally, there is no evidence that the subject of women was ever mentioned during the Constitutional Convention.
Women's rights advocates have been working to add an Equal Rights Amendment (ERA) to the Constitution, which would recognise women's equal rights to men under the law. The ERA was first drafted in 1921 by Alice Paul, a suffrage leader, and proposed in 1923. It has since been endorsed by four sitting presidents and passed by Congress in 1972. However, it has not been ratified by the required number of states and continues to face challenges.
The lack of explicit mention of women in the Constitution has led to interpretations that women were left out or not considered part of the political community. It has also resulted in women's rights not being explicitly guaranteed, with sex discrimination remaining a pervasive problem. The push for equal rights gained momentum after World War II, when women entered the workforce and politics, and continues today with movements like #MeToo and the fight for abortion rights.
