Quote:
Originally Posted by Alex
One question I would ask: Is the 19th Amendment superfluous? If it were removed would the Constitution still mandate allowing women to vote?
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In my admittedly non-expert opinion, no. If I remember correctly, neither the original Constitution nor the Bill of Rights defines who can vote. The 15th Amendment forbade disenfranchisement on the basis of race, but not gender. Gender was specifically addressed in the 19th. Until then, nothing guaranteed universal suffrage.
The 14th Amendment, unlike the 15th and 19th, does not specify a particular group. It uses phrases such as “all persons”, “citizens, and “any person”. To deny that those phrases do not include gays and women is changing the definition of the words, not the meaning of the amendment.