Maxim 3.1.16
Women are not admissible to public offices.
Source: Jenk. Cent. 237; Dig. 50, 17, 2; 1 Exch. 645; 6 Mees. & W. 216; Weisman, 76l
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) Historical maxim — this rule has been abrogated across all American jurisdictions. At common law, women were excluded from holding public office. Note: the Nineteenth Amendment (1920) secured the right to *vote*, not the right to hold office; the exclusion from office was overturned through state constitutional amendments, legislation, and judicial decisions independent of the Nineteenth Amendment.
Where this applies
- A woman wins election to the state legislature, and a challenger cites the old common-law bar; the court rules the historical exclusion has been fully abrogated by statute and constitutional amendment.
- A county refuses to seat a female sheriff, claiming tradition forbids it; she sues and the court holds there is no surviving legal basis for the exclusion.
- A legal historian traces how women gained access to public office not through the Nineteenth Amendment alone, but through separate state-level reforms that dismantled the common-law rule.
Legal domains
Cite this maxim
NeCede Max. 3.1.16 — Women are not admissible to public offices. — Jenk. Cent. 237; Dig. 50, 17, 2; 1 Exch. 645; 6 Mees. & W. 216; Weisman, 76l
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