Woman's Suffrage by Constitutional Amendment
This is a collection of lectures delivered by Tucker in the William Storrs Lecture Series, Yale University Law School, 1916, and originally titled "Local Self-Government." One lecture addresses the ways in which the proposal to enfranchise women by Constitutional amendment violates the "genius" of the Constitution. Good opposing arguments can be found in "Woman suffrage by federal Constitutional amendment" [Library, Carrie Chapman Catt, sec. VII, no. 60].
Other editions - View all
abridged admitted adoption age of twenty-one Annals of Congress argument Article attempt authority bill Carolina citizens citizenship color Connecticut Court declared delegated denied doctrine effect election electors enforce equal exclusive exercise existence fact Federal Convention Federal Government Fifteenth Amendment follows force Fourteenth Amendment freehold GOUVERNEUR MORRIS granted inhabitants interest jurisdiction legislation legislature liberty magisterial district Massachusetts ment National Government natural-born citizens naturalization necessary negro suffrage numerous branch original Constitution pass persons political population possess prescribed President principle principle of local privileges and immunities process of law prohibited proposed amendment proposition protection qualifications question regulation rejected republican form result right of suffrage right to vote Section self-government Senators Seventeenth Amendment South South Carolina stitution suffrage to women system of government taxation Tenth Amendment Territory of Colorado tion Union United Virginia voters woman woman's suffrage words York
Page 167 - States to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.
Page 165 - The powers not delegated to the United States are reserved to the states, respectively, or to the people.' The government of the United States, therefore, can claim no powers which are not granted to it by the constitution, and the powers actually granted must be such as are expressly given, or given by necessary implication.
Page 166 - And the powers of the General Government, and of the State, although both exist and are exercised within the same territorial limits, are yet separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres.
Page 163 - Constitution, but it may be not unreasonably said that th# preservation of the States, and the maintenance of their governments, are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the National Government.
Page 93 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Page 191 - State one year, and in the election district where he offers to vote ten days immediately preceding such election, and within two years paid a State or county tax, which shall have been assessed at least ten days before the election, shall enjoy the rights of an elector.
Page 174 - It is state action of a particular character that is prohibited. Individual invasion of individual rights is not the subject matter of the amendment.
Page 93 - All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.
Page 79 - I have no purpose to introduce political and social equality between the white and the black races. There is a physical difference between the two which, in my judgment, will probably forever forbid their living together upon the footing of perfect equality...
Page 181 - The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade or any other pretence whatever...