HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » The question is, what wou... » Reply #5
In the discussion thread: The question is, what would happen? [View all]

Response to Soph0571 (Original post)

Tue Dec 28, 2021, 04:59 PM

5. There is this: The Guarantee Clause

I wouldn’t hold my breath, but it’s a possibility. They’d have to get past the filibuster to act.

The Guarantee Clause, also known as the Republican Form of Government Clause, is in Article IV, Section 4 of the United States Constitution, and requires the United States to guarantee every State a Republican form of government and provide protection from foreign invasion and domestic violence.

Article IV, Section 4:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Cases such as Luther v. Borden held the Guarantee Clause to be a political question to be resolved by Congress. Relying on that understanding, the Reconstruction era Congress disestablished ten state governments during peacetime and placed them under military rule. The law, known as the First Reconstruction Act, found those states to be unrepublican under the Guarantee Clause.[4][5] The Supreme Court acquiesced to the disestablishment in Georgia v. Stanton (1868).[6] Later, Congress also excluded elected legislators (a power recognized in Luther) when it faced "an election dispute created by state measures to suppress black voter turnout."[6]


Reply to this post

Back to OP Alert abuse Link to post in-thread

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 8 replies Author Time Post
Soph0571 Dec 2021 OP
onecaliberal Dec 2021 #1
sarisataka Dec 2021 #2
Silent3 Dec 2021 #3
Crunchy Frog Dec 2021 #4
LineNew Reply There is this: The Guarantee Clause
Gaugamela Dec 2021 #5
keithbvadu2 Dec 2021 #8
doc03 Dec 2021 #6
Hoyt Dec 2021 #7
Please login to view edit histories.