Guarantee Clause

Guarantee Clause

The Guarantee clause refers to a provision in Article IV, , , requires the United States to provide a republican form of government for every state.

Text

Article IV, Section 4, Clause 1:

History

The Framers inserted these words into the Constitution to prevent states from transforming into autocracies or mobocracies, seeking to preserve republican values throughout the Union.

Interpretation

The first major interpretation of the Guarantee clause emerged from the Dorr Rebellion, an insurrection in Rhode Island in 1841 and 1842, led by Thomas Wilson Dorr in an attempt to change the states electoral policy. In that case, Dorr argued that Rhode Island's requirement that a person have at least $134 of property to vote was un-republican and violated the Guarantee Clause. This Rebellion led to the case of "Luther v. Borden", in which the Supreme Court established the political question test in controversies arising under the Guarantee Clause and declined to rule on the case because the issue was political and outside the purview of the Court. The Court decided that it was up to the President and Congress to enforce this clause.

External links

* [http://www.usconstitution.net/constpop.html List of popular names of sections and clauses of the US Constitution]

ources

* "Guarantee Clause." "Encyclopedia of American History." Answers Corporation, 2006. "Answers.com" 29 September 2007. http://www.answers.com/topic/guarantee-clause


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