Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A constitutional assurance that the United States will ensure each state maintains a republican form of government. The assurance appears in Article IV and has been treated as committing enforcement questions to the political branches rather than the courts.
A constitutional assurance that the United States will ensure each state maintains a republican form of government. The assurance appears in Article IV and has been treated as committing enforcement questions to the political branches rather than the courts.
Vermont voters enact a measure converting all lodging regulations to binding quarterly referenda that bypass the legislature entirely. A hospitality association sues in federal court claiming the initiative violates the constitutional guarantee of a republican form of government. The district court dismisses the claim because the guarantee presents a nonjusticiable political question.
A promise by one party to answer for the debt or default of another if that party fails to perform. The promise creates secondary liability that the promisee ordinarily pursues only after attempting collection from the primary obligor.
A guarantee creates secondary liability. The promisee ordinarily must first attempt to collect from the primary obligor before pursuing the guarantor, unless the guarantee provides otherwise.
A promise by one party to answer for the debt or default of another if that party fails to perform. The promise creates secondary liability that the promisee ordinarily pursues only after attempting collection from the primary obligor.
Each sense below has its own examples, sources, and questions.
A state constitution vests all legislative power in a governor-appointed commission. Citizens petition Congress to enforce the Guarantee Clause, arguing the structure denies a republican form of government. Congress declines to act, treating the question as political.
After a state legislature is dissolved by executive decree, residents sue claiming violation of the constitutional guarantee of a republican form of government. The Court dismisses, holding that enforcement of the guarantee is committed to Congress.
A state adopts a constitution allowing voters to enact statutes by initiative without legislative review. The legislature sues, asserting the process violates the constitutional guarantee of a republican form of government. The Court finds the claim nonjusticiable.
A state replaces district-based legislative elections with statewide at-large voting that dilutes rural representation. Voters claim the change violates the constitutional guarantee of a republican form of government. The suit is dismissed as a political question.
Following an armed uprising that prevents the legislature from convening, the governor requests federal protection under the Guarantee Clause. The President deploys troops, exercising political discretion rather than judicial enforcement of the guarantee.
Claims that a state has failed to maintain a republican form of government under the Guarantee Clause present nonjusticiable political questions. Courts lack judicially manageable standards and the issue is textually committed to the political branches.
Claims that a state has failed to maintain a republican form of government under the Guarantee Clause present nonjusticiable political questions. Courts lack judicially manageable standards and the issue is textually committed to the political branches.
A mortgage may secure an obligation that accrues when a mortgagor guarantees another person's debt and that person defaults. Such obligations are treated as future advances governed by mortgage rules.
…far as Union Pacific R. Co. v. Botsford , 141 U.S. 250 (1891), the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution. This right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and…