Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

Skip to comments.

Constitution not same, thankfully (Bucket suggested)
The Philadelphia Inquirer ^ | September 16, 2012 | Professor Akhil Reed Amar, Yale Law School

Posted on 09/16/2012 7:49:11 PM PDT by 2ndDivisionVet

Two hundred and twenty-five years ago this week - right here in Philadelphia, "where it all began" - America's Founding Fathers went public with a proposed Constitution promising more democracy than the world had ever seen. Even so, in September 1787, "We the People" basically meant "We the Men." This year, the fate of this manly constitutional project rests more than ever in the hands of women.

More women than men will cast votes in November. Just for fun, imagine that women were to vote as a unified bloc. Virtually every election in America at every level of government - both candidate elections and issue elections - would be decided by the female vote. More plausibly, note that in any election in which men are closely divided, the candidate or issue position decisively favored by women will prevail.

For this remarkable turn of events, we must credit not just the Founding Fathers but also their amending daughters, granddaughters, and so on, who have rewritten the Constitution in both word and deed.

The gender-bending of the Philadelphia Constitution began in earnest after the Civil War with the 14th Amendment, which promises "equal protection" to all - not merely racial equal protection but more generally. The amendment also proudly affirms that all homegrown Americans are "born" with equal civil rights. Just as a child born black or brown enjoys the same civil rights as a child born white, so, too, those born female are equal in civil rights to those born male.

A half-century after the 14th Amendment came the 19th, guaranteeing women's suffrage and thereby revolutionizing American politics. Earlier this year, it was obvious to all that Michele Bachman was eligible to run for president, as Sarah Palin and Geraldine Ferraro were eligible to seek the vice presidency in past electoral cycles - even though the original Philadelphia Constitution repeatedly used the gendered words he, him, and his to refer to the president. At the founding and for more than a century thereafter, states were perfectly free to keep women off the ballot; today, such a maneuver would be politically unthinkable and indeed unconstitutional.

Granted, the 19th Amendment's words speak only of women's right to "vote" and not their equal right to be "voted for." But the obvious spirit of the amendment is that women are legally equal to men in all things political - both at the ballot box and on the ballot itself.

Consider also how this amendment has transfigured modern presidential campaign etiquette and the dynamics of presidential succession. President Obama in effect has two running "mates" this season - the vice president and the first lady - and in fact either one could plausibly succeed him in 2017, as could of course another former presidential running "mate" named Hillary Clinton. Nothing of the sort was true at the founding: Back then, the idea that a Martha Washington or an Abigail Adams might one day become president in her own right would have been preposterous.

Though modern tea partiers claim fidelity to the Constitution, their understanding of the document reflects a curious pattern of arrested development, with lots of passionate references to the Founding Fathers and the Sons of Liberty (yes, fathers and sons), but no real embrace of the transformative constitutional amendments of the early 20th century. To the extent that tea partiers focus on the constitutional change wrought during the Progressive era, they are hostile to the 16th Amendment, which ushered in a national and redistributivist income tax, and skeptical of the 17th Amendment, which freed senators from dependence on state legislatures and thus emboldened Congress to aggressively pursue nationalist projects. Together, these two progressive amendments helped set the table for the New Deal, the Great Society, and Obamacare.

But the third Progressive-era amendment - the 19th - has probably proved even more crucial, and the tea party is ultimately, if unwittingly, at odds with this amendment, too. Thanks to women's suffrage, America has embraced a far more progressive agenda than she (yes, she) would have accepted had only men been voting. The progressive tilt of female voters over the years helped give America the tag-teams of Franklin and Eleanor, Bill and Hillary, and now, Barrack and Michelle. Earlier this year, the six men on the Supreme Court split four to two against Obamacare. This law - which might also be termed Pelosi-care in honor of the female former speaker of the House who helped birth it - prevailed in court thanks largely to the three female justices, who stood united in support of the statute's core provisions.

It is unclear what John Adams would have thought of these modern developments. But somewhere, Abigail is smiling.


TOPICS: Heated Discussion
KEYWORDS: constitution; females; femalevote; hillary; obama; obamacare; palin; teaparty

1 posted on 09/16/2012 7:49:12 PM PDT by 2ndDivisionVet
[ Post Reply | Private Reply | View Replies]

To: 2ndDivisionVet

What a bunch of BS. The Tea Party is against the 19th Amendment? This is nothing but liberal “war on women” fantasy land.


2 posted on 09/16/2012 7:54:28 PM PDT by Unam Sanctam
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
It is unclear what John Adams would have thought of these modern developments. But somewhere, Abigail is smiling.

I wonder if this jackass has any proof of this or if he's just passing gas.

3 posted on 09/16/2012 7:55:04 PM PDT by FlingWingFlyer (The United States of America apologizing to knuckledragging, cavedwelling Neandethals. Whodda thunk!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
It took a long time, but we got rid of the 18th amendment.

It's about time to end the whole 200+ year federal experiment anyway. A toothless, weak Articles of Confederation should suffice.

I have enough problems with the pricks in Austin, without having to worry about the barstids in Washington.

Government. It's like roaches or the mob. If there's one, there's more, and they don't do anything good.

/johnny

4 posted on 09/16/2012 8:04:17 PM PDT by JRandomFreeper (Gone Galt)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

Were there always so many morons teaching in college or is this a recent trend?


5 posted on 09/16/2012 8:16:51 PM PDT by Psycho_Bunny ("Insulting" Islam is as impossible as casting aspersions on a pile of dog crap.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Psycho_Bunny

Muslim Ivy League law professor, nothing new here.


6 posted on 09/16/2012 8:24:00 PM PDT by wac3rd (Somewhere in Hell, Ted Kennedy snickers.....)
[ Post Reply | Private Reply | To 5 | View Replies]

To: 2ndDivisionVet

“Progressive” is a code word for Communism. Progressives hate the Constitution and want it to EVOLVE—into this Marxist “radical egalitarian” document which would deny the Laws of Nature and Nature’s God.

There is a difference between male and female and Communism won’t acknowledge it-—it is why now they shout for two men sodomizing each other, to be given the “Right” to “marry” and be allowed to adopt children. In their insane world, they deny little babies their natural mother so they can play “house” and form a human being to think what they do is “natural” and “good” like in Afghanistan.

This ugly worldview forces women to be chattel—a uterus— and destroys the dignity in all human beings, including and especially of men. Sodomy is a Vice for a reason.

Natural Law Theory-—the basis of our US Constitution—is being thrown out—along with Reason and Logic—and it is the basis of jurisprudence and “Justice”.

As we are enacting all the new Amendments-—we are stripping the Constitution of it basic philosophy which will eliminate all freedom. We need to resurrect Rule of Law (and Just Law) and the concept of Republic and Natural Laws. We are not a democracy. Our judicial system is totally corrupt.


7 posted on 09/16/2012 8:28:27 PM PDT by savagesusie (Right Reason According to Nature = Just Law)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Unam Sanctam

Nor did the US Constitution prevent women from voting. It was enacted to stop the states from stopping women from voting.


8 posted on 09/16/2012 8:32:18 PM PDT by arrogantsob (The Disaster MUST Go. Sarah herself supports Romney.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: 2ndDivisionVet

Will somebody tell this idiot that we didn’t need the 19th amendment for women to vote. They could have voted in 1789 had the states deemed it so. It was up to them.

By the way, what is with this if all women voted as a bloc crap? If all everyone voted the same then everyone coukd vote for the one that wins. Yay!


9 posted on 09/26/2012 4:00:20 AM PDT by Tublecane
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson