Real0ne
Posts: 21189
Joined: 10/25/2004 Status: offline
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quote:
ORIGINAL: Awareness quote:
ORIGINAL: MasterJaguar01 No misogyny here. Just a question for all strict Constitutionalists out there. Article II of the Constitution outlines the powers of the President. It ONLY uses male pronouns. ("He", "His") Would a female President not be entitled to those powers sans a Constitutional Amendment? We can all rationalize on WHY the Constitution was written that way, but that doesn't answer the question. Would someone challenge it, if a woman were elected President? Keep in mind the Constitution does not say the President must be male, but rather seems to assume that it is the case. What do you think? Some may argue it depends on whether you're Supreme Court Judge who interprets the Constitution literally or as a living document. Scalia was an originalist but I think even he would struggle to interpret the Constitution as disbarring a candidate for President on the basis of gender. You also have to remember that the Constitution was written at a time when all political power was invested in male landowners. Ordinary men and women who did not possess property (and former slaves) did not possess the right to vote. Conditions have changed. Article Two of the constitution defines the qualifications of for Office: "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States." Since women are not disqualified by this section, it would be an uphill battle to try and convince the Supreme Court otherwise. It would also be political suicide - so the entire question is moot. the courts would simply apply the 19th amendment. the us constitution is ONLY a living document in the respect it can be amended in accord with due process of law, no other way.
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"We the Borg" of the us imperialists....resistance is futile Democracy; The 'People' voted on 'which' amendment? Yesterdays tinfoil is today's reality! "No man's life, liberty, or property is safe while the legislature is in session
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