Could Congress abuse the Guarantee Clause if it wanted?
Transparency shouldn't be controversial.
Guarantee Clause tasks Congress with ensuring states have a republican form og government. Constitution itself never defines what counts as Republican form of governent, but the court has repeatedly said that is political question entirely up to Congress.For example Luther v. Borden*.* It is noted that *"*Except for a brief period during Reconstruction, the authority granted by the Guarantee Clause has been largely unexplored."
So if Congress wanted to say, impose independent redistrcting in state elections(not just federal udner elections clause) too, or any other such eleciton rule or something else, could it theoretically declare state government illegitimate/not Republican, and force issue on it under this clause?
Transparency shouldn't be controversial.
Guarantee Clause tasks Congress with ensuring states have a republican form og government. Constitution itself never defines what counts as Republican form of governent, but the court has repeatedly said that is political question entirely up to Congress.For example Luther v. Borden*.* It is noted that *"*Except for a brief period during Reconstruction, the authority granted by the Guarantee Clause has been largely unexplored."
So if Congress wanted to say, impose independent redistrcting in state elections(not just federal udner elections clause) too, or any other such eleciton rule or something else, could it theoretically declare state government illegitimate/not Republican, and force issue on it under this clause?
Could Congress abuse the Guarantee Clause if it wanted?
Transparency shouldn't be controversial.
Guarantee Clause tasks Congress with ensuring states have a republican form og government. Constitution itself never defines what counts as Republican form of governent, but the court has repeatedly said that is political question entirely up to Congress.For example Luther v. Borden*.* It is noted that *"*Except for a brief period during Reconstruction, the authority granted by the Guarantee Clause has been largely unexplored."
So if Congress wanted to say, impose independent redistrcting in state elections(not just federal udner elections clause) too, or any other such eleciton rule or something else, could it theoretically declare state government illegitimate/not Republican, and force issue on it under this clause?
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