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| | Kerr v. Polis, 20 F.4th 686, 710 n.5 (10th Cir. 2021)( TYMKOVICH, Chief Judge, concurring). | | Kerr v. Polis, 20 F.4th 686, 710 n.5 (10th Cir. 2021)( TYMKOVICH, Chief Judge, concurring). |
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| − | But in Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228, 2354 (2022), the [[U.S. Supreme Court]] observed in its citation to Baker v. Carr: "Baker v. Carr, 369 U. S. 186, 202, 82 S. Ct. 691, 7 L. Ed. 2d 663 (1962) (clarifying that the 'political question' passage of the minority opinion in Colegrove v. Green, 328 U. S. 549, 66 S. Ct. 1198, 90 L. Ed. 1432 (1946), was not controlling law)." | + | But in ''Dobbs v. Jackson Women's Health Org.'', 142 S. Ct. 2228, 2354 (2022), the [[U.S. Supreme Court]] observed in its citation to Baker v. Carr: "Baker v. Carr, 369 U. S. 186, 202, 82 S. Ct. 691, 7 L. Ed. 2d 663 (1962) (clarifying that the 'political question' passage of the minority opinion in ''Colegrove v. Green'', 328 U. S. 549, 66 S. Ct. 1198, 90 L. Ed. 1432 (1946), was not controlling law)." |
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| | Legal scholars, including Prof. Erin Hawley (the wife of Sen. [[Josh Hawley]] (R-MO)), observed that "More recently, however, the Supreme Court has left the door open to a Guarantee Clause challenge, intimating that the justiciability of such a claim must be decided on a case-by-case basis."<ref>https://constitutioncenter.org/the-constitution/articles/article-iv/clauses/42#:~:text=The%20Guarantee%20Clause%20requires%20the,consensus%20on%20what%20it%20means.</ref> | | Legal scholars, including Prof. Erin Hawley (the wife of Sen. [[Josh Hawley]] (R-MO)), observed that "More recently, however, the Supreme Court has left the door open to a Guarantee Clause challenge, intimating that the justiciability of such a claim must be decided on a case-by-case basis."<ref>https://constitutioncenter.org/the-constitution/articles/article-iv/clauses/42#:~:text=The%20Guarantee%20Clause%20requires%20the,consensus%20on%20what%20it%20means.</ref> |
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| | + | == Founders == |
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| | + | [[James Madison]]'s Federalist No. 10 (the most prominent of all the [[Federalist Papers]]): |
| | + | {{cquote|a pure democracy [is] a society consisting of a small number of citizens, who assemble and administer the government in person .... A republic [is] a government in which the scheme of representation takes place .... Let us examine the points in which it varies from pure democracy .... The two great points of difference between a democracy and a republic are: first, the delegation of the government, in the latter to a small number of citizens elected by the rest; secondly, the greater number of citizens and greater sphere of country over which the latter may be extended.<ref>https://founders.archives.gov/documents/Madison/01-10-02-0178</ref>}} |
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| | + | Patrick Henry at the Virginia ratifying convention: |
| | + | {{cquote|The delegation of power to an adequate number of representatives, and an unimpeded reversion of it back to the people, at short periods, form the principal traits of a republican government.<ref>3 The Debates in the Several State Conventions on the Adoption of the Federal Constitution, at 396 (Jonathan Elliot ed., 2d ed., J.B. Lippincott 1941) (1836)</ref>}} |
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| | == See also == | | == See also == |
| | *[https://www.heritage.org/constitution/#!/articles/4/essays/128/guarantee-clause Heritage Guide] | | *[https://www.heritage.org/constitution/#!/articles/4/essays/128/guarantee-clause Heritage Guide] |