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While the constitution used some gender-neutral language, early interpenetration in that direction e.g. voting rights for women in New Jersey were quickly struck downreversed by 1807. (This a bit O/T, but the topic has generated two comments, so here's what the linked paper [authored by a history prof] says about that:

Yet not all male New Jerseyites greeted woman suffrage with such exuberant glee. [...] In 1807, relying on the persistence of such attitudes, John Condict took his revenge for his near-defeat by women ten years earlier: he introduced the bill that successfully disfranchised both women and property-owning free blacks, arguing that the votes of such persons were more likely to be corrupted than were those of independent white males.

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While the constitution used some gender-neutral language, early interpenetration in that direction e.g. voting rights for women in New Jersey were quickly struck down by 1807.

While the constitution used some gender-neutral language, early interpenetration in that direction e.g. voting rights for women in New Jersey were reversed by 1807. (This a bit O/T, but the topic has generated two comments, so here's what the linked paper [authored by a history prof] says about that:

Yet not all male New Jerseyites greeted woman suffrage with such exuberant glee. [...] In 1807, relying on the persistence of such attitudes, John Condict took his revenge for his near-defeat by women ten years earlier: he introduced the bill that successfully disfranchised both women and property-owning free blacks, arguing that the votes of such persons were more likely to be corrupted than were those of independent white males.

)

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And since two answers here rely on the interpretation of pronouns in the Constitution... that's also an argument but not an incredibly convincing argument, alas. The election of the first woman to Congress did precede the 19th amendment, but not by much... and a law review around that time pointed out that courts tended interpret the ambiguity against women (alas without providing examples when it comes to candidacy.)

III. HE/HIM/HIS

All pronoun references to the President, the Vice President, Senators and Representatives, and other officers are masculine. Some version of a male pronoun appears close to 50 times in the Constitution. Indeed, the qualifications for electors in the Fourteenth Amendment is specifically stated as “male.”

Use of the male pronoun to refer to all humans, according to linguist Dennis Baron, can be traced back as far as the Latinists of the sixteenth century and was widely accepted in the eighteenth century. Women seeking voting rights argued that, if the male pronoun was general to all sexes, its exclusive use in suffrage statutes could not pose any impediment to the suffrage of women. Equally, they argued, it could not bar women from being able to take up elected office. A note in the Harvard Law Review in 1910 summed up the chauvinism of the time, stating that “although the exclusive use of masculine pronouns in the constitutions in this country has never been regarded as excluding women, there has been little tendency to construe general provisions in their favors.” The article went on to observe that contemporary courts had tended to construe any ambiguity against female office-holding.

That attitude did not seem to deter Sara Platt Decker of Denver, Colorado, however, who considered a run for Congress in 1909. Speculation about a female congressional candidate sparked one opinion writer to object — “[s]trict adherents to the letter of the Constitution maintain that the presence of the masculine pronoun, and the absence of any other, obviously renders ineligible any person of the feminine persuasion.” It seems, however, that this writer held a minority view. Jeanette Rankin, of Montana, became the first elected female congress member in 1916 – four years before ratification of the 19th Amendment. And, although there was a bit of grumbling by sources to the Washington Post about pronouns and Montana’s new representative, her swearing in took place without much pronoun based objection. By 1922, the idea that she could have been barred from office because of pronouns barely merited a sentence in Joseph Ragland Long’s treatise on American Government: “[T]he pronoun ‘he’ [in Article I] includes both sexes.”

Today, the assumption that “he” means “he or she” has become so entrenched, that when former Senator and Secretary of State Hillary Clinton ran for President in 2015, no one in mainstream legal circles attempted to argue that she was ineligible for the Presidency.

Although these case have been basically forgotten by now, the original 1910 article (Note, Eligibility of Women for Public Office, 24 HARV. L. REV. 139, 140 (1910)) provides some examples in which the lack of voting rights was interpreted as extending to lack eligibility:

Most constitutions restrict suffrage to males, and even where eligibility for office is not expressly confined to electors, it would seem naturally to be predicated on the right to exercise this primary governmental function. On this ground, several cases have denied women the right to hold office.

[footnote:] See Atty.-Gen. v. Abbott, supra; Atchison v. Lucas, supra. But see State v. Hostetter, supra; Wright v. Noell, supra. It has been said that conferring suffrage on women makes them eligible for office. See State v. Cones, I5 Neb. 444. Cf. Olive v. Ingram, 2 Strange III4. But in England it has been held that a woman is not eligible even for an office for which she can vote. Beresford-Hope v. Lady Sandhurst, supra.

So the all-inclusive male-pronoun was hardly that convincing before the 19th Amendment.

And since two answers here rely on the interpretation of pronouns in the Constitution... that's also an argument but not an incredibly convincing argument, alas. The election of the first woman to Congress did precede the 19th amendment, but not by much... and a law review around that time pointed out that courts tended interpret the ambiguity against women (alas without providing examples when it comes to candidacy.)

III. HE/HIM/HIS

All pronoun references to the President, the Vice President, Senators and Representatives, and other officers are masculine. Some version of a male pronoun appears close to 50 times in the Constitution. Indeed, the qualifications for electors in the Fourteenth Amendment is specifically stated as “male.”

Use of the male pronoun to refer to all humans, according to linguist Dennis Baron, can be traced back as far as the Latinists of the sixteenth century and was widely accepted in the eighteenth century. Women seeking voting rights argued that, if the male pronoun was general to all sexes, its exclusive use in suffrage statutes could not pose any impediment to the suffrage of women. Equally, they argued, it could not bar women from being able to take up elected office. A note in the Harvard Law Review in 1910 summed up the chauvinism of the time, stating that “although the exclusive use of masculine pronouns in the constitutions in this country has never been regarded as excluding women, there has been little tendency to construe general provisions in their favors.” The article went on to observe that contemporary courts had tended to construe any ambiguity against female office-holding.

That attitude did not seem to deter Sara Platt Decker of Denver, Colorado, however, who considered a run for Congress in 1909. Speculation about a female congressional candidate sparked one opinion writer to object — “[s]trict adherents to the letter of the Constitution maintain that the presence of the masculine pronoun, and the absence of any other, obviously renders ineligible any person of the feminine persuasion.” It seems, however, that this writer held a minority view. Jeanette Rankin, of Montana, became the first elected female congress member in 1916 – four years before ratification of the 19th Amendment. And, although there was a bit of grumbling by sources to the Washington Post about pronouns and Montana’s new representative, her swearing in took place without much pronoun based objection. By 1922, the idea that she could have been barred from office because of pronouns barely merited a sentence in Joseph Ragland Long’s treatise on American Government: “[T]he pronoun ‘he’ [in Article I] includes both sexes.”

Today, the assumption that “he” means “he or she” has become so entrenched, that when former Senator and Secretary of State Hillary Clinton ran for President in 2015, no one in mainstream legal circles attempted to argue that she was ineligible for the Presidency.

And since two answers here rely on the interpretation of pronouns in the Constitution... that's also an argument but not an incredibly convincing argument, alas. The election of the first woman to Congress did precede the 19th amendment, but not by much... and a law review around that time pointed out that courts tended interpret the ambiguity against women.

III. HE/HIM/HIS

All pronoun references to the President, the Vice President, Senators and Representatives, and other officers are masculine. Some version of a male pronoun appears close to 50 times in the Constitution. Indeed, the qualifications for electors in the Fourteenth Amendment is specifically stated as “male.”

Use of the male pronoun to refer to all humans, according to linguist Dennis Baron, can be traced back as far as the Latinists of the sixteenth century and was widely accepted in the eighteenth century. Women seeking voting rights argued that, if the male pronoun was general to all sexes, its exclusive use in suffrage statutes could not pose any impediment to the suffrage of women. Equally, they argued, it could not bar women from being able to take up elected office. A note in the Harvard Law Review in 1910 summed up the chauvinism of the time, stating that “although the exclusive use of masculine pronouns in the constitutions in this country has never been regarded as excluding women, there has been little tendency to construe general provisions in their favors.” The article went on to observe that contemporary courts had tended to construe any ambiguity against female office-holding.

That attitude did not seem to deter Sara Platt Decker of Denver, Colorado, however, who considered a run for Congress in 1909. Speculation about a female congressional candidate sparked one opinion writer to object — “[s]trict adherents to the letter of the Constitution maintain that the presence of the masculine pronoun, and the absence of any other, obviously renders ineligible any person of the feminine persuasion.” It seems, however, that this writer held a minority view. Jeanette Rankin, of Montana, became the first elected female congress member in 1916 – four years before ratification of the 19th Amendment. And, although there was a bit of grumbling by sources to the Washington Post about pronouns and Montana’s new representative, her swearing in took place without much pronoun based objection. By 1922, the idea that she could have been barred from office because of pronouns barely merited a sentence in Joseph Ragland Long’s treatise on American Government: “[T]he pronoun ‘he’ [in Article I] includes both sexes.”

Today, the assumption that “he” means “he or she” has become so entrenched, that when former Senator and Secretary of State Hillary Clinton ran for President in 2015, no one in mainstream legal circles attempted to argue that she was ineligible for the Presidency.

Although these case have been basically forgotten by now, the original 1910 article (Note, Eligibility of Women for Public Office, 24 HARV. L. REV. 139, 140 (1910)) provides some examples in which the lack of voting rights was interpreted as extending to lack eligibility:

Most constitutions restrict suffrage to males, and even where eligibility for office is not expressly confined to electors, it would seem naturally to be predicated on the right to exercise this primary governmental function. On this ground, several cases have denied women the right to hold office.

[footnote:] See Atty.-Gen. v. Abbott, supra; Atchison v. Lucas, supra. But see State v. Hostetter, supra; Wright v. Noell, supra. It has been said that conferring suffrage on women makes them eligible for office. See State v. Cones, I5 Neb. 444. Cf. Olive v. Ingram, 2 Strange III4. But in England it has been held that a woman is not eligible even for an office for which she can vote. Beresford-Hope v. Lady Sandhurst, supra.

So the all-inclusive male-pronoun was hardly that convincing before the 19th Amendment.

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And since two answers here rely on the interpretation of pronouns in the Constitution... that's also an argument but not an incredibly convincing argument, alas. The election of the first woman to Congress did precede the 19th amendment, but not by much... and a law review around that time pointed out that courts tended interpret the ambiguity against women (alas without providing examples when it comes to candidacy.)

III. HE/HIM/HIS

All pronoun references to the President, the Vice President, Senators and Representatives, and other officers are masculine. Some version of a male pronoun appears close to 50 times in the Constitution. Indeed, the qualifications for electors in the Fourteenth Amendment is specifically stated as “male.”

Use of the male pronoun to refer to all humans, according to linguist Dennis Baron, can be traced back as far as the Latinists of the sixteenth century and was widely accepted in the eighteenth century. Women seeking voting rights argued that, if the male pronoun was general to all sexes, its exclusive use in suffrage statutes could not pose any impediment to the suffrage of women. Equally, they argued, it could not bar women from being able to take up elected office. A note in the Harvard Law Review in 1910 summed up the chauvinism of the time, stating that “although the exclusive use of masculine pronouns in the constitutions in this country has never been regarded as excluding women, there has been little tendency to construe general provisions in their favors.” The article went on to observe that contemporary courts had tended to construe any ambiguity against female office-holding.

That attitude did not seem to deter Sara Platt Decker of Denver, Colorado, however, who considered a run for Congress in 1909. Speculation about a female congressional candidate sparked one opinion writer to object — “[s]trict adherents to the letter of the Constitution maintain that the presence of the masculine pronoun, and the absence of any other, obviously renders ineligible any person of the feminine persuasion.” It seems, however, that this writer held a minority view. Jeanette Rankin, of Montana, became the first elected female congress member in 1916 – four years before ratification of the 19th Amendment. And, although there was a bit of grumbling by sources to the Washington Post about pronouns and Montana’s new representative, her swearing in took place without much pronoun based objection. By 1922, the idea that she could have been barred from office because of pronouns barely merited a sentence in Joseph Ragland Long’s treatise on American Government: “[T]he pronoun ‘he’ [in Article I] includes both sexes.”

Today, the assumption that “he” means “he or she” has become so entrenched, that when former Senator and Secretary of State Hillary Clinton ran for President in 2015, no one in mainstream legal circles attempted to argue that she was ineligible for the Presidency.


And since two answers here rely on the interpretation of pronouns in the Constitution... that's also an argument but not an incredibly convincing argument, alas. The election of the first woman to Congress did precede the 19th amendment, but not by much... and a law review around that time pointed out that courts tended interpret the ambiguity against women (alas without providing examples when it comes to candidacy.)

III. HE/HIM/HIS

All pronoun references to the President, the Vice President, Senators and Representatives, and other officers are masculine. Some version of a male pronoun appears close to 50 times in the Constitution. Indeed, the qualifications for electors in the Fourteenth Amendment is specifically stated as “male.”

Use of the male pronoun to refer to all humans, according to linguist Dennis Baron, can be traced back as far as the Latinists of the sixteenth century and was widely accepted in the eighteenth century. Women seeking voting rights argued that, if the male pronoun was general to all sexes, its exclusive use in suffrage statutes could not pose any impediment to the suffrage of women. Equally, they argued, it could not bar women from being able to take up elected office. A note in the Harvard Law Review in 1910 summed up the chauvinism of the time, stating that “although the exclusive use of masculine pronouns in the constitutions in this country has never been regarded as excluding women, there has been little tendency to construe general provisions in their favors.” The article went on to observe that contemporary courts had tended to construe any ambiguity against female office-holding.

That attitude did not seem to deter Sara Platt Decker of Denver, Colorado, however, who considered a run for Congress in 1909. Speculation about a female congressional candidate sparked one opinion writer to object — “[s]trict adherents to the letter of the Constitution maintain that the presence of the masculine pronoun, and the absence of any other, obviously renders ineligible any person of the feminine persuasion.” It seems, however, that this writer held a minority view. Jeanette Rankin, of Montana, became the first elected female congress member in 1916 – four years before ratification of the 19th Amendment. And, although there was a bit of grumbling by sources to the Washington Post about pronouns and Montana’s new representative, her swearing in took place without much pronoun based objection. By 1922, the idea that she could have been barred from office because of pronouns barely merited a sentence in Joseph Ragland Long’s treatise on American Government: “[T]he pronoun ‘he’ [in Article I] includes both sexes.”

Today, the assumption that “he” means “he or she” has become so entrenched, that when former Senator and Secretary of State Hillary Clinton ran for President in 2015, no one in mainstream legal circles attempted to argue that she was ineligible for the Presidency.

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