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According to experts, the amendment proposed to stop Napoleon's nephew from ever seeking power would have stopped the duchess from running for president.
The amendment could be revived to stop the Duchess from running for office.
Since marrying into the Royal Family, she has never publicly expressed a desire to run for president, but she has recently been campaigning to encourage Americans to vote.
Her biographers believe that she will one day run for office, with one saying she is the "embodiment of the American dream".
Critics and royal watchers have argued that her continued use of her title is inappropriate when it comes to political or business matters.
When she married, she had no choice but to use her legal name because she had changed her name.
The lack of precedent and a very controversial decision made it impossible for the Duchess to run under her title, according to constitutional experts.
The Titles of Nobility Amendment was a proposed change to the constitution. Anyone who accepts, claims, receives or retains a title of nobility bestowed by a foreign power would be barred from holding federal office.
The amendment was sent out to the individual state legislatures, and three quarters of them needed to vote in favor of it to become law. The amendment never passed because the required number was 14. It has remained on the table for more than two centuries.
Canada was occupied by Britain, Florida by Spain and Louisiana by France during a period of nervousness in America.
There was a lot of speculation that Napoleon Bonaparte's brother Jérme would run for office and that the US would be subsumed into the French empire after he married an American.
The 12 votes in favor of the amendment are likely to count, meaning that 26 states that have already voted would not count.
It's more intrusive than a royal would do in Britain.
"It wouldn't take long for people to see this as an opportunity," said John Kowal, the co-author of a history of constitutional amendments.
He said that he was not aware of any precedent where someone with a noble title had run for political office. It would be very controversial.
Britain has a tradition of keeping royals out of politics and this is more intrusive than a royal would dare to do in Britain. She is injecting herself into US politics by meeting with senators to lobby for a bill.
The Duchess is eligible to run because she is a native-born citizen, but there are many unanswered questions, including which party she would belong to.
Maybe she would run as a Democrat, but what if she ran as an independent? Mr. Kowal said so. If she were to run as an independent, there would be a rare bipartisan consensus if she used this.
The electoral map of America is currently leaning in favor of the Republicans if there was a groundswell of demand for states to vote on the legislation.
Republicans will control 30 states when the state legislature convenes in January 2022, compared to 17 for the Democrats. Control of the two legislative houses will be split in three states.
Timing could be an issue.
You need to get 26 more states to agree to it in a short period of time, so you need to act quickly. I would give this a chance to move forward and possibly be approved.
The idea of a woman running for president is not out of the ordinary.
She called the Republican senators out of the blue after she was given their private phone numbers. The US does not have a federal paid parental leave programme, and the Duchess said on an appearance on the Ellen DeGeneres show: "I will do everything I can to make sure we can implement that for people."
There is a possibility of the Duchess running for president.
The author of an unauthorized biography of the Duchess said that she could run for president. I think it's where she sees herself going.
Omid Scobie, the co-author of the book Finding Freedom, the biography which the Duchess did co-operate with, said that the epitome of the American dream was the bride. One day, we may see a female president.
One of her friends told Vanity Fair that she had the option to go into politics because she was so keen to not give up her American citizenship. They said that the Duchess would seriously consider running for president.
A dinner with female senators who have supported the campaign for paid parental leave may cause the Duchess to decline a run for the top job.
The fears of Bonaparte's ascension were never realized. He founded a private member's club and became chairman of the Maryland Agricultural Society.