Susan B. Anthony: Rebel, Crusader, HumanitarianLutz, Alma
History
Susan B. Anthony: Rebel, Crusader, Humanitarian
Lutz, Alma
Anthony, Susan B. (Susan Brownell), 1820-1906
Carefully studying the decision, Susan tried to fathom its reasoning,
so foreign to her own ideas of justice. "Sex," she read, "has never
been made of one of the elements of citizenship in the United
States.... The XIV Amendment did not affect the citizenship of women
any more than it did of men.... The direct question is, therefore,
presented whether all citizens are necessarily voters."[312]
She read on: "The Constitution does not define the privileges and
immunities of citizens.... In this case we need not determine what
they are, but only whether suffrage is necessarily one of them. It
certainly is nowhere made so in express terms....
"When the Constitution of the United States was adopted, all the
several States, with the exception of Rhode Island, had Constitutions
of their own.... We find in no State were all citizens permitted to
vote.... Women were excluded from suffrage in nearly all the States by
the express provision of their constitutions and laws ... No new State
has ever been admitted to the Union which has conferred the right of
suffrage upon women, and this has never been considered valid
objection to her admission. On the contrary ... the right of suffrage
was withdrawn from women as early as 1807 in the State of New Jersey,
without any attempt to obtain the interference of the United States to
prevent it. Since then the governments of the insurgent States have
been reorganized under a requirement that, before their
Representatives could be admitted to seats in Congress, they must have
adopted new Constitutions, republican in form. In no one of these
Constitutions was suffrage conferred upon women, and yet the States
have all been restored to their original position as States in the
Union ... Certainly if the courts can consider any question settled,
this is one....
"Our province," concluded Chief Justice Waite, "is to decide what the
law is, not to declare what it should be.... Being unanimously of the
opinion that the Constitution of the United States does not confer the
right of suffrage upon any one, and that the Constitutions and laws of
the several States which commit that important trust to men alone are
not necessarily void, we affirm the judgment of the Court below."
"A states-rights document," Susan called this decision and she scored
it as inconsistent with the policies of a Republican administration
which, through the Civil War amendments, had established federal
control over the rights and privileges of citizens. If the
Constitution does not confer the right of suffrage, she asked herself,
why does it define the qualifications of those voting for members of
the House of Representatives? How about the enfranchisement of Negroes
by federal amendment or the enfranchisement of foreigners? Why did
the federal government interfere in her case, instead of leaving it in
the hands of the state of New York?
Public-domain text, read in full here on John Shaqi.
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