Title : 100 years ago today, the Supreme Court rejected a challenge to the 19th Amendment.
link : 100 years ago today, the Supreme Court rejected a challenge to the 19th Amendment.
100 years ago today, the Supreme Court rejected a challenge to the 19th Amendment.
The case was Leser v. Garnett, 258 U.S. 130, with Justice Brandeis writing for the Court:
On October 12, 1920, Cecilia Street Waters and Mary D. Randolph, citizens of Maryland, applied for and were granted registration as qualified voters in Baltimore City. To have their names stricken from the list Oscar Leser and others brought this suit in the court of common pleas. The only ground of disqualification alleged was that the applicants for registration were women, whereas the Constitution of Maryland limits the suffrage to men.
Ratification of the proposed amendment to the federal Constitution, now known as the Nineteenth, 41 Stat. 362, had been proclaimed on August 26, 1920, 41 Stat. 1823, pursuant to Revised Statutes, § 205 (Comp. St. § 303).... Whether the Nineteenth Amendment has become part of the federal Constitution is the question presented for decision....
The first contention... is that so great an addition to the electorate, if made without the state's consent, destroys its autonomy as a political body....
Maryland had not voted to ratify. The "great addition... to the electorate" was all the women.
But the amendment was passed according to the provisions of the U.S. Constitution, and there was no special exception for amendments that greatly add to the electorate, as already shown by the acceptance of the 15th Amendment outlawing race discrimination in voting.
The suggestion that the Fifteenth was incorporated in the Constitution, not in accordance with law, but practically as a war measure which has been validated by acquiescence, cannot be entertained.
ADDED: It is still amazing to think that freed male slaves got the right to vote in 1870 and it took another half century before women got the same right. Equally amazing, some Americans still say that women should not have the right to vote. Perhaps some of that talk is in jest, but I never hear anyone say — even in jest — that the right to vote should not extend to black people.
Thus articles 100 years ago today, the Supreme Court rejected a challenge to the 19th Amendment.
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