Nineteenth Amendment


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Nineteenth Amendment

granted women right to vote (1920). [Am. Hist.: Van Doren, 409]
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This Section establishes that Congress may act under the Nineteenth Amendment only if the constitutional violations Congress addresses involve state action of some sort.
On its face, the Nineteenth Amendment prohibits only action by the state:(134) Private action standing alone cannot be unconstitutional under the Nineteenth Amendment.
Although legislation passed under the Nineteenth Amendment must remedy state action, the state action involved need be neither exclusive,(149) nor direct,(150) nor obvious.
159) In short, Fourteenth Amendment jurisprudence suggests that, while legislation enacted under the Nineteenth Amendment is permitted to remedy only constitutional violations in which the state plays a part, such legislation may reach private action that combines with nonexclusive, indirect, nonobvious state action to create those constitutional violations.
The Nineteenth Amendment nullified the only sex-based distinction in the text of the Constitution, Section 2 of the Fourteenth Amendment,(37) arguably giving rise to an inference that in the absence of male-specific rights, men and women would have equal rights.
Delaware would seem to have ensured the eligibility of newly enfranchised women for jury service in states that drew jurors from electors, especially once the Nineteenth Amendment was ratified.
In this analysis, the female juror cases raise the possibility that the Nineteenth Amendment can be interpreted as an enactment for women's equality.
Delaware(55) and left the reader to draw the obvious conclusion: just as the Fifteenth Amendment qualified black men as electors and therefore jurors, the Nineteenth Amendment qualified women as electors and thus jurors.
in which the Fifteenth and Nineteenth Amendments were applied beyond
JED RUBENFELD: I wonder if you can make the same defense, though, of the quite fancy move in which you read back from the Nineteenth Amendment to reinterpret the Fourteenth Amendment in such a way as to jettison original No Application Understandings concerning sex discrimination.
AKHIL AMAR: As for the sex discrimination question, I believe that the Fourteenth Amendment as originally written was in fact far more attentive to issues of sex discrimination than is conventionally understood; and that the Nineteenth Amendment did indeed regloss the Fourteenth Amendment's text with an additional egalitarian overlay.
Of course, this view of the Fourteenth Amendment must be revisited in light of the later Fifteenth and Nineteenth Amendments.