Its a violation of article 2 of the United States!
Article 2 Clause 1
Clause 1: Executive Power
"The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows[1]
Article 2 Clause 1 calls for a MAN. It calls out what gender MAY be president quite clear. There is NO he/she ONLY he.
Article 2 Clause 7 says and I quote "HE".
Clause 7: Salary[edit]
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
The law IS gender specific. You CANNOT have a female UNTIL you change that wording because to do so IS a violation of those articles AND clauses. Clinton AND Carlry do NOT have the LEGAL right to be president under the Articles and Clauses of the United States Constitution.
And its a legal VIOLATION to do otherwise!
Article Two of the United States Constitution - Wikipedia, the free encyclopedia
Interesting point. Certainly when you consider women couldn't even vote when that was being written it raises a valid point.
I don't personally have a problem with it, but like Justice Scalia I'm a textualist. Show me where it says it's permitted.
And both you and Scalia are wrong as a consequence – as the notion of 'texualism' is devoid of merit.
For centuries the Anglo-American judicial tradition has recognized the interpretive authority of the courts to determine the meaning and intent of laws and measures when subject to judicial review.
Indeed, legislators write and enact laws with the understanding and intent that the judiciary will interpret their meaning in the context of relevant, applicable case law; no law, measure, or given Constitutional jurisprudence exists in a vacuum, insulated from other like case law that manifests as a result of judicial interpretation.
Consequently, “but that's not in the Constitution” fails as a compelling argument – the intent of the Framers of the Constitution is as important as its text, where the intent and text are used by the courts the interpret the Founding Document's meaning; which is why they're referred to as the
Framers.
Unless the Supreme Court rules otherwise, it's perfectly appropriate and legal to interpret 'he' in Article II as a general, formal reference to all persons, not an 'edict' that only men might be president.