From AP News via Law.com:
Lawsuit Claims U.S. Constitution Bans Woman President
The Associated Press
04-09-2008
A Reno, Nev., man has filed a state lawsuit claiming that the U.S. Constitution would have to be amended to allow Sen. Hillary Clinton to appear on the presidential ballot.
Douglas Wallace, 80, argues that because the constitution refers to “he” and “his” in describing presidential duties, a woman can’t hold the office.
“The use of female gendered pronouns ‘she’ or ‘her’ are not present in the document, making it conclusive that the framers never intended that a woman would be president of the United States,” Wallace wrote in the suit.
Legal scholars called the suit “amusing” but without merit.
“The use of the masculine pronoun is a relic of the period,” Jonathan Turley, a professor at George Washington University Law School, told the Reno Gazette-Journal.
“The constitution has been amended to expressly incorporate women into the political system. No court would subscribe to this meritless argument,” he said.