|
|
|
|
LAWSUIT RESEARCH -- GUARANTEE CLAUSE
** "Redeeming
the Welshed Guarantee: A Scheme for Achieving Justiciability"
(2002)
pp. 162-3: Of the recent attempts to show revolutionary America as
committed to an "informed citizenry," Richard Brown's is the most
prominent.fn°° He notes that an "uncensored, competitive press, a
nationally subsidized postal service and transportation networks ... are
all founded on the belief that America must have an informed
citizenry."''fn By emphasizing the extent to which such priorities
surfaced at the Founding, Brown is able to highlight the organizing
theme of such priorities. In particular, he argues that the enshrined
First Amendment rights to free speech and a free press were aimed at
inculcating an informed citizenry to avoid the problems of other
republics; fn the Framers were aware that other republics had not been
durable. Brown hypothesizes that an informed citizenry would combat that
insecurity, and that the formula for American republicanism included
such intellectual aspirations. fn Richard D. Brown The Strength of a People: The Idea of an Informed Citizenry in America, 1650-1870 (1996) pp. 173-178 Jeremy Waldron The Dignity of Legislation pp. 190-191: When citizens-corporate or otherwise-make attempts to bring challenges under the Clause, claiming that their right to a republican form of government has been abridged, it is hardly surprising to watch courts refusing to entertain such discussions and leaving such guarantees to the political processes. Surely, much of what republicanism means is that the populace is supposed to make its preferences known through electing a representative legislature,254 and it the legislatures' responsibility to be responsive to popular concerns. If they fail, it is largely the responsibility of citizens to "take up arms against [their] sea of troubles" and by voting against the representatives, "end them."255 To be sure, there will be breakdowns in this idealized version of electoral politics, and it would only then be appropriate for the Court to step in. p. 192: Luther & quoting Amar: '[A]ccording to the institutions of this country, the sovereignty in every State resides in the people of the State,' " and not in the State government itself. p. 202: Merritt's theory that the Clause guarantees to states the integrity of their own lawmaking processes... p. 217: as a matter of practical politics, the struggle for the justiciability of the Guarantee Clause proceeds at a snail's pace, if it can even be said to be progressing at all. Therefore, this article recommends that Congress act under a power that even the Supreme Court has suggested rests with it.
Edward Anatole Stelzer,
Esq.
(646)
207-0492
University of Colorado Law Review | Vol 65 |
Iss 4 (1994)
"Who
is Responsible for Republican Government?"
Crocodiles in the Bathtub: State Courts, Voter Initiatives, and the
Threat of Electoral Reprisal
Observations on the Guarantee Clause as Thoughtfully Addressed by
"Reading the Guarantee Clause" Constitutional Law Professor G. Edward White "Initiative Enigmas" Richard Collins
"Cases Under
the Guarantee Clause Should Be Justiciable" (1994)
"Time for the
Federal Court to Enforce the Guarantee Clause?: A Response to Professor
Chemerinsky" (1994)
Pamela S.
Karlan/Stanford Law School --
"Protecting
Republican Government From Itself: The Guarantee Clause of Article 4,
Section 4" (2007)
**
"Death
by a Thousand Cuts: The Guarantee Clause and the Regulation of State
Constitutions" (2010)
"Awakening
the People's Giant: Sovereign Immunity and the Constitution's Republican
Commitment"
(2012)
"Are
State Constitutions Constitutional?" (2013)
** "Referees
of Republicanism: How the Guarantee Clause Can Address State Political
Lockup" (2018)
"Waking the Sleeping Giant: A Role for the Guarantee Clause Exclusion
Power in the Twenty-First Century" (2020)
** "Guaranteeing
Honesty: Rewiring Honest Services Fraud Under the Guarantee Clause |
Yale Law Journal" (2025)
Rucho v. Common
Cause | Oyez (2019)
Kerr v. Hickenlooper | No. 12–1445. | 10th Cir. | Judgment | Law | CaseMine
"Referees
of Republicanism: How the Guarantee Clause Can Address State Political
Lockup" "allows for intervention...in the extreme and unlikely situation where a state ceases to be republican altogether"
p. 1423 -- "Officials and parties in power utilize the
rules and structures of our politics...to entrench themselves." p. 1432 -- "harms accrue to the polity..."; "structural values that protect the polity..." "mismatch" p. 1439: "After Baker, as long as a claim brought under the Guarantee Clause surives the six elements of a political question, including 'judicially discoverable and manageable standards,' it is justiciable." p. 1440: "Justice O'Connor, in New York v. United States, suggested the Clause's justiciabilitiy. After detaling the Clause's history before the Court, she cited reynolds v. Sims and numerous scholars for the proposition that perhaps not all Guarantee Clause claims are nonjusticiable. Though not defining republicanism, she stressed the central importance of accountability of government officials to the local electorate...." p. 1441: "review of the record and briefing in this case satisfies us taht judicially discoverable and manageable standards for Guarantee Clause litigation exist"... p. 1446: enforceable by the states & manageable standards - p. 1447: implied guarantee of fair and open elections p. 1447: "While it seems a stretch to suggest judges can define the contours of a republican form of government 'without difficulty,'... p. 1449: "the problems of electoral manipulation...and the potential use of the Guarantee Clause as an appropriate, or perhaps the most appropriate, constitutional vehicle for redress."
"The
Redistricting Cases: Original Mistakes and Current Consequences",
"The
Law of Democracy and the Two Luther v. Bordens: A Counterhistory",
"The Guarantee of Republican Government: Proposals for Judicial Review",
54 U. Chi. L. Rev. 208, 220 (1987)
And to the Republic for Which It Stands: Guaranteeing a Republican Form
of Government
"Bearing the Judicial Mantle: State Court
Enforcement of the Guarantee Clause", 68 N.Y.U. L. Rev 870, 883 (1993)
"The
Guarantee Clause and State Autonomy: Federalism for the Third Century"
(1988) p. 31: "assistance ...from the Union in repelling those domestic dangers which may sometimes threaten the existence of the State constitutions."' The Federalist No. 21, at 130-31 (A. Hamilton) p. 31 "constitutional security" -- [Jasper] Yeates
p. 36 "Both the language and history of the
guarantee clause support the conclusion p. 66: "the supremacy clause requires state judges to enforce federal law. When a litigant invokes the jurisdiction of a state court, the court has an obligation to decide all claims before it. If adjudication of those claims involves a federal right, then the state court must sustain that right. As early as 1816, the Supreme Court recognized that "[flrom the very nature of their judicial duties, [state court judges] would be called upon to pronounce the law applicable to the case in judgment. ' fn In performing this task, the Court stressed, state judges "were not to decide merely according to the laws or constitution of the state, but ac cording to the constitution, laws and treaties of the United States-'the supreme law of the land.' "fn Martin v. Hunter's Lessee, 14 U.S. (I Wheat.) 304, 340 (1816); accord Hathorn v. Lovorn, 457 U.S. 255, 269 (1982)
"The
Central Meaning of Republican Government:
pp. 754-55: Sometimes, the federal government may (or perhaps must) intervene and restructure state government under the invitation (or mandate) ofthe Article IV Republican Government Clause itself. For if the de facto government of a state is not, indeed, "Republican" in form, the Clause calls for fed eral governmental intervention, not state governmental autonomy." p.760 As Madison put the point in Number 55: "Republican government presupposes the existence of [virtuous] qualities in a higher degree than any other form. . .. [Republicanism requires] sufficient virtue among men for self-government."
a republic is its dependence on the public or people at large." Like
the Constitution's more explicit references to "the People" in the
Preamble, and the First, Ninth, and Tenth Amendments, p. 763: Madison begins his famous Number 39 by linking Republican Government with "the capacity of mankind for self government."
Guarantee Clause Generally | Constitution Annotated | Congress.gov | Library of Congress
Center for the
Study of Federalism Heimbach v. Chu, 744 F.2d 11 | 2d Cir.
"Education, Antidomination, and the Republican Guarantee"
Yonatan Green, Esq. -- Georgetown Constitution Center
Statement of Principles | Teaching American History David Bobb | Bill of Rights Institute Visit the Kirby Center | Hillsdale in D.C. About - Public Interest Fellowship
Stanford Constitutional Law Center Bella M. Ryb - Director (Program) - Stanford Law School Katherine Mims Crocker Owen Gallogly - Stanford Law School (here)
Duncan Hosie - Fellow -
Stanford Law School Lael Weinberger | Antonin Scalia Law School Ilan Wurman - Stanford Law School
BROOKINGS INSTITUTION
What Does the Guarantee Clause Actually Guarantee? | Lawfare
20201210153740090_FINAL TO FILE SCOTUS SIGNED 2020.12.10 copy.pdf American Political Science Association Mark Tushnet - Harvard Law School | Harvard Law School
|
|
|
|
CJA Ho |
|
|
Post Office Box 8101 |
