Guarantee Clause

From Wikipedia, the free encyclopedia

The Guarantee clause refers to a provision in Article IV, Section 4, Clause 1, requires the United States to provide a republican form of government for every state.

Contents

[edit] Text

Article IV, Section 4, Clause 1:

“ The United States shall guarantee to every State in this Union a Republican Form of Government... ”

[edit] 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.

[edit] 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.

[edit] External links

[edit] Sources


v • d • e
United States Constitution
Text
Formation
Articles
Preamble · One · Two · Three · Four · Five · Six · Seven
Amendments
Clauses
Interpretation