What The Suffragettes Can Teach Us About Changing the Constitution

I voted today.

Maddy’s face holding I voted sticker.


I got to vote today because of all the women before me who looked at the Constitution, thought something was off about how it was working, and decided to change the conversation.

Illustration of two women looking at a constitution with arms and legs and the women are saying "We are definitely part of "the people."


They talked about it. They wrote about it. And then when the 14th Amendment was added to the Constitution, some women read it and decided it could be interpreted to give women the vote.

Woman looking at the 14th Amendment of the Constitution saying, "And yet I am a citizen being stopped from voting!"

It’s not that weird to read these words:

Illustrated text, "No state shall make or enforce any law which shall abridge teh privileges or immunities of citizens of the United States."

(“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States”)

And then conclude that stopping women from voting is messing with her privileges as a citizen. No, it’s not a ridiculous way of reading those words. But…

Drawing of the lawsuit Minor v. Happersett, 1875, where the supreme court is saying no to the idea that women, being citizens, should get the vote under the 14th amendment because of the privileges and immunities clause.


the Supreme Court disagreed, so they tried other things. They got some states to give women the right to vote. They had more meetings and conventions and protests about it, and gradually their insistence that women should have the right to vote under the U.S. Constitution gained enough attention that President Wilson

illustration of President Wilson saying "I guess we're doing this." in 1918


endorsed the idea of a constitutional amendment to give women the right to vote.

Passing and ratifying the amendment wasn’t quick and required even more activism, lobbying, and conversations. Apparently a crucial vote on ratifying the amendment came down to one representative whose mother had told him to “be a good boy” and ratify that amendment.

Drawing of a representative in olden times who was sweating about whether or not to ratify the 19th Amendment. He is holding a letter from his mom that says "Be a good boy...ratify! Love, your mother, who grew you from nothing in her body!"

None of this was easy, and it was full of setbacks.

"“To get the word ‘male’ out of the Constitution cost the women of the country 52 years of pauseless campaign.” Quote in an illustration, showing a woman writing a letter, and "Carrie Chapman Catt" written next to it.


As Carrie Chapman Catt wrote in 1920, “To get the word ‘male’ out of the Constitution cost the women of the country 52 years of pauseless campaign.”

A bunch of ordinary people engaged with the Constitution and caused the conversation to change over time, adding the 19th Amendment.

We can do this in our time, too. In fact, just last week I noticed two tiny examples of how the conversation around the Constitution is evolving.

On October 20th, Justice Elena Kagan spoke at the Catholic Law school, where she gave a “polite takedown of originalism,” gently calling out how her colleagues have been interpreting the constitution in a way that has become a problem.

Drawing of Justice Kagan talking about why values are suddenly part of originalism now

People have been making critiques like this for a while now, but it’s notable that this relatively measured Supreme Court Justice is comfortable making these observations in public now, too.

Also last week, Hillary Clinton shared her support for expanding the Supreme Court.

Drawing of Hillary Clinton saying, "We should seriously look at expanding the Court while the democrats are in power."


“We should seriously look at expanding the Court while the democrats are in power,” she said. Adding Supreme Court justices to water down the votes of the conservative justices has been considered a more drastic approach to Supreme Court reform. But there have been sustained efforts to get everyone talking about court reform lately and lots of debates about whether that court expansion is a good idea. If Hillary Clinton is saying it, then expanding the Court is more mainstream than it used to be.

The conversation around the Constitution can change, and you can be a part of it. It can be slow, but you can see it happening if you look closely. Vote now, but keep pushing the conversation forward all year long.


Behind the Scenes:

The Constitution and I were on Slate’s Amicus podcast recently!

Drawing of Maddy Buck and the Constitution saying, "We were on a podcast" in front of Slate's Amicus "By the People" with Dahlia Lithwick sign.
Drawing of Maddy in front of faded Amicus podcast sign, with text that says, "I'm reclaiming the Constitution by drawing about the Supreme Court."
Drawing of Maddy and Constitution in front of faded Amicus podcast logo, with text that says, "I enjoy drawing the Constitution with arms and legs."
Drawing of Maddy and the Constitution in front of faded Amicus podcast sign, with text that says, "And I'll read thorugh most of the case and I'll read through the opinions and if I'm going oh gosh, what are the implications of this, then I feel comp


If you want to know more…

 


I’m a lawyer (Michigan Law alum) and artist, and I

If you’d like me to run a workshop for your organization, translate your big idea, or break down the latest legal issues, I'd love to connect!

 
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VHS Tapes and How Supreme Court Justices Decide What a Law Means