Woman Suffrage By Federal Constitutional Amendment — John Shaqi
Woman Suffrage By Federal Constitutional Amendment
History
Woman Suffrage By Federal Constitutional Amendment
Women -- Suffrage -- United States
There has recently been published a book entitled "Woman Suffrage by
Constitutional Amendment." The author of that book, the Hon. Henry St.
George Tucker of Virginia, was at one time a member of Congress, and
has been president of the American Bar Association. He was invited to
deliver a course of five lectures, in 1916, before the School of Law
of Yale University on the subject of "Local Self-Government." In one
of the lectures woman suffrage by Federal Amendment was discussed and
the theory was advanced that the attempt to bring about the right of
suffrage by an amendment to the Constitution of the United States
was opposed to the genius of the Constitution and subversive of the
principle of local self-government. In his opinion, woman suffrage
by Federal Amendment is contrary to the rightful demarcation of the
powers of the Federal and State governments under the Constitution of
the United States.
I may remark in passing that the title of the book is liable to
mislead the public into thinking that Mr. Tucker was invited to Yale
to discuss woman suffrage, whereas the fact was that that was only an
incident in his discussion of Local Self-Government.
But is woman suffrage by Federal Amendment contrary to the genius
of the Constitution and contrary to the rightful demarcation of the
powers of the Federal Government?
In considering the question involved it is to be noticed in the first
place that a difference exists between the Articles of Confederation
and the Constitution. In the Articles of Confederation it was in the
Thirteenth Article expressly provided that no alteration should be
made in any of the Articles "unless such alteration be agreed to in
a Congress of the United States, and be afterwards confirmed by
the legislatures of every State." This provision was an element
of weakness and recognized as such by the men who sat in the
Constitutional Convention of 1787. As the Articles constituted a
league between independent states it was deemed necessary to make it
incapable of alteration except by unanimous consent of the states in
order to preserve to each state all of its rights.
When the convention of 1787 met to agree upon a Constitution to submit
to the States one of the questions they had to consider was whether it
should be made capable of amendment. They agreed that it was the
part of wisdom to provide that the States might modify the system of
government the Constitution established when in the progress of time
to do so seemed desirable. Mr. Madison accordingly proposed what with
some modifications became the Fifth Article.
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