# Who says a woman can be president of the US? **URL:** \ **Category:** Politics & Elections\ **Created:** [January 14, 2020, 11:13pm UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429 "2020-01-14T23:13:13Z")\ **Posts on this page:** 16\ **Page:** 2
**Author:** ![Boycott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boycott/32/6741_2.png) [@Boycott](https://boards.straightdope.com/u/Boycott)\ **Post date:** [January 16, 2020, 1:44am UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/21 "2020-01-16T01:44:49Z")
Geraldine Ferraro was the Democratic Party’s candidate for Vice President in 1984. Now obviously that election was a blowout for the Republican Party but the fact is a woman was selected to be potentially a heartbeat away from the presidency thirty-six years ago. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [January 16, 2020, 7:05am UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/22 "2020-01-16T07:05:08Z")
> [@RioRico](#): > > That’s the point I made about “masculine” encompassing “feminine” - it applies to federal laws, not the supreme law. Without ERA passage, doesn’t “he” mean masculine only in constitutional interpretation? Absurd now, yes, but that’s what is written. > > Not that inconsistencies matter. “Congress shall make no law… abridging the freedom of speech, or of the press…” but does so anyway. “This Constitution… and all Treaties made… shall be the supreme Law of the Land…” except treaties broken since the beginning. Yes, [Constitution is only a scrap of paper](https://www.foxnews.com/opinion/is-our-constitution-just-a-worthless-piece-of-paper). > > So a corporation can’t be President - but why not legislative or judicial offices, where the “natural-born” requirement doesn’t apply? I feel we’re approaching admiralty law and universal commercial code territory. And I don’t plan on going there. I’ll just say that your interpretations of various legal terms are not ones that are shared by people within the American legal system. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [January 16, 2020, 8:42am UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/23 "2020-01-16T08:42:45Z")
> [@tomndebb](#): > > Anyone can challenge anything in court. However, that particular challenge would be laughed or scorned out of the docket as frivolous. Not really. The issue is settled, the Male pronoun is always presumed to include the female one as per king standing canons of statutory interpretation. So more like thrown out with a polite note. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [January 16, 2020, 8:46am UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/24 "2020-01-16T08:46:36Z")
> [@PhillyGuy](#): > > P.S. on my last post: > > One I didn’t mention, Pete Buttigieg is probably quite electable. But I don’t want to think about what sort of despicable character assassination Trump would throw against him, and so have no idea if it would stick. He is gay and I think Trump will be smart enough to avoid that directly. Buttigieg was very deeply closeted and dated women when he was younger. That lends itself to the “depraves homo” trope and I fully expect Trump and his supporters to play that. ---
**Author:** ![UnwittingAmericans](https://avatars.discourse-cdn.com/v4/letter/u/d9b06d/32.png) [@UnwittingAmericans](https://boards.straightdope.com/u/UnwittingAmericans)\ **Post date:** [January 16, 2020, 10:02am UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/25 "2020-01-16T10:02:43Z")
You poor, poor sea monkeys. You just never will learn with this gender shit. I have to come in here every few months to see how bad you’ve gotten. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [January 16, 2020, 11:57am UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/26 "2020-01-16T11:57:32Z")
> [@RioRico](#): > > That’s the point I made about “masculine” encompassing “feminine” - it applies to federal laws, not the supreme law. Without ERA passage, doesn’t “he” mean masculine only in constitutional interpretation? Absurd now, yes, but that’s what is written. No. Even without the US Code, the English language has always subsumed the feminine within the generic form of “he.” It doesn’t matter if you are Antonin Scalia or Ruth Bader Ginsburg, when I say, “If a person drives on the interstate, he must obey the speed limit” that means men and women. No reasonable judge would say otherwise and to argue otherwise would get you laughed out of court. ---
**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\ **Post date:** [January 16, 2020, 12:52pm UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/27 "2020-01-16T12:52:47Z")
> [@UnwittingAmericans](#): > > You poor, poor sea monkeys. > > You just never will learn with this gender shit. > > I have to come in here every few months to see how bad you’ve gotten. That’ll earn you a warning, UnwittingAmericans. Could be for either threadshitting or insults. Who cares? Don’t do it again. ---
**Author:** ![RioRico](https://avatars.discourse-cdn.com/v4/letter/r/f04885/32.png) [@RioRico](https://boards.straightdope.com/u/RioRico)\ **Post date:** [January 16, 2020, 10:17pm UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/28 "2020-01-16T22:17:49Z")
> [@Little\_Nemo](#): > > I feel we’re approaching admiralty law and universal commercial code territory. And I don’t plan on going there. > > I’ll just say that your interpretations of various legal terms are not ones that are shared by people within the American legal system. Absent passage of the ERA, how have courts ruled on gender per the Constitution? No, I do NOT think women are excluded from certain offices whose occupants are referred to as “he” but I do wonder if literalist readings may be considered by courts. That’s about human women. And nonhumans? Animals have been voted into local office in the US and commissioned as military officers in other countries, including Japan. Can an armadillo be a judge? And an organized group is a “person” in the US; what prevents the appointment or election of a corporation, charity, or glee club to government office? ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [January 17, 2020, 4:11am UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/29 "2020-01-17T04:11:08Z")
> [@Jonathan\_Chance](#): > > That’ll earn you a warning, UnwittingAmericans. Could be for either threadshitting or insults. Who cares? > > Don’t do it again. I’ll admit if somebody called me a sea monkey, I’d feel more confused than insulted. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [January 17, 2020, 6:14pm UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/30 "2020-01-17T18:14:01Z")
> [@RioRico](#): > > Absent passage of the ERA, how have courts ruled on gender per the Constitution? No, I do NOT think women are excluded from certain offices whose occupants are referred to as “he” but I do wonder if literalist readings may be considered by courts. > > That’s about human women. And nonhumans? Animals have been voted into local office in the US and commissioned as military officers in other countries, including Japan. Can an armadillo be a judge? And an organized group is a “person” in the US; what prevents the appointment or election of a corporation, charity, or glee club to government office? The same thing as the “he” question. It is clear from the text, the original meaning, or even the living and evolving meaning. An office holder must be a natural human being. AFAIK, all of those animals that have been given awards or appointed to an office were done only in a ceremonial fashion for a nice news story because the animal did something positive. I mean, how could an armadillo be a judge? Are the parties and there attorneys actually going to attend court and watch the armadillo shit all over the bench? Are they actually going to speak to the armadillo and expect a response? ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [January 17, 2020, 6:16pm UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/31 "2020-01-17T18:16:08Z")
Also, this “corporations are people” thing. Yes, for many purposes in law a legal fiction is created where corporations are treated as people. That doesn’t mean we get all crazy with it and say that they are people for all purposes. They cannot marry each other, for example. ---
**Author:** ![RioRico](https://avatars.discourse-cdn.com/v4/letter/r/f04885/32.png) [@RioRico](https://boards.straightdope.com/u/RioRico)\ **Post date:** [January 18, 2020, 11:55pm UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/32 "2020-01-18T23:55:24Z")
> [@UltraVires](#): > > The same thing as the “he” question. It is clear from the text, the original meaning, or even the living and evolving meaning. **An office holder must be a natural human being.** What courts have ruled on a “natural human being” requirement? > [@](#): > > AFAIK, all of those animals that have been given awards or appointed to an office were done only in a ceremonial fashion for a nice news story because the animal did something positive. I mean, how could an armadillo be a judge? Are the parties and there attorneys actually going to attend court and watch the armadillo shit all over the bench? Are they actually going to speak to the armadillo and expect a response? Judge Diller can be wired to respond, or can be replaced by a magic 8-ball. Have courts ruled on inhuman beings or inanimate devices (like AIs) holding office? > [@UltraVires](#): > > Also, this “corporations are people” thing. Yes, for many purposes in law a legal fiction is created where corporations are treated as people. That doesn’t mean we get all crazy with it and say that they are people for all purposes. **They cannot marry each other, for example.** Have any corporations attempted marriage? Isn’t a merger effectively the same? ---
**Author:** ![Sherrerd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sherrerd/32/8_2.png) [@Sherrerd](https://boards.straightdope.com/u/Sherrerd)\ **Post date:** [January 19, 2020, 12:22am UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/33 "2020-01-19T00:22:09Z")
> [@RioRico](#): > > Have any corporations attempted marriage? Isn’t a merger effectively the same? Well, analogous in some respects, but not the same. For example, in most jurisdictions a marriage may be voided if it is not consummated. How would two corporations consummate their “marriage”? ---
**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\ **Post date:** [January 19, 2020, 12:40am UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/34 "2020-01-19T00:40:31Z")
There’s something similar that happens in hostile takeovers, but it’s more of a metaphorical thing and only happens to one of the corporations. ---
**Author:** ![Sherrerd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sherrerd/32/8_2.png) [@Sherrerd](https://boards.straightdope.com/u/Sherrerd)\ **Post date:** [January 19, 2020, 12:50am UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/35 "2020-01-19T00:50:05Z")
Yes, metaphorical. No exchanges of bodily fluids involved. ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [February 3, 2020, 9:55pm UTC](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429/36 "2020-02-03T21:55:29Z")
> [@RioRico](#): > > What courts have ruled on a “natural human being” requirement? > Judge Diller can be wired to respond, or can be replaced by a magic 8-ball. Have courts ruled on inhuman beings or inanimate devices (like AIs) holding office? > Have any corporations attempted marriage? Isn’t a merger effectively the same? I think, with respect, that you are being overly literal with this whole “corporations are people” concept. No court has ever ruled on whether Microsoft can run for Congress or marry Apple because nobody would make such an absurd argument. A corporate merger is not a marriage by any definition. AIs are not people by any law. Animals are not people. Corporations are people as a legal fiction only for the purposes that we recognize as the reasons why we created corporations in the first place, primarily limited liability in a business endeavor where an individual or group of individuals would be particularly foolish to expose themselves and their personal finances to garnishment by everyone in the world. There is a whole body of corporate law and its justifications that cannot be summarized in one post, thread, or even an entire article. “Corporations are people” is a short hand attempt to explain some of the law’s protections. But it doesn’t mean that they are people in the sense that they love, grieve, marry, hold office, take a dump in the morning, or get too drunk after the Super Bowl. The analogy, like all analogies, cannot be extended to infinity. [Previous page](https://boards.straightdope.com/t/who-says-a-woman-can-be-president-of-the-us/846429.md?page=1)