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| | == Case law == | | == Case law == |
| | + | More than 2,300 judicial decisions refer to the "republican form of government," roughly half from federal courts and the other half from state courts. |
| | === Ohio === | | === Ohio === |
| | + | As of November 2023, a total of 34 decisions in Ohio state court refer to a "republican form of government." Here are some examples: |
| | ((cquote|"It is a well settled general doctrine that the courts are incompetent to rule upon questions which are political in their nature rather than judicial. In regard to political questions, the legislature has full power to act unless prohibited by constitutional provisions. | | ((cquote|"It is a well settled general doctrine that the courts are incompetent to rule upon questions which are political in their nature rather than judicial. In regard to political questions, the legislature has full power to act unless prohibited by constitutional provisions. |
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| | See also Pacific States T&T v. Oregon, 223 U.S. 118, holding that the provisions of Article IV, Section 4 of the constitution do not authorize the judiciary to substitute its judgment as to a matter purely politica.}} | | See also Pacific States T&T v. Oregon, 223 U.S. 118, holding that the provisions of Article IV, Section 4 of the constitution do not authorize the judiciary to substitute its judgment as to a matter purely politica.}} |
| | ''Huenergardt -vs- Canton'', No. CA-6066, 1983 Ohio App. LEXIS 13094, at *10-11 (Ct. App. Feb. 11, 1983). | | ''Huenergardt -vs- Canton'', No. CA-6066, 1983 Ohio App. LEXIS 13094, at *10-11 (Ct. App. Feb. 11, 1983). |
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| | == Common misconceptions == | | == Common misconceptions == |
| | It is a common error to assume that a [[republic]] is synonymous with a republican form of government. Many are misled to assume that the republican form is merely a populist democracy limited by a constitution. In fact, exercising political liberty ''(voting and holding office)'' requires one to step down in status, changing from the republican form to the democratic form. American citizens are assumed to have voluntarily accepted obligations and duties associated with democracy that are inapplicable to the people at large. For example, conscription, if compulsory, would be a violation of liberty and life. However, in American law, sovereign people are not subjects to or objects of such impositions - only citizens are obligated. | | It is a common error to assume that a [[republic]] is synonymous with a republican form of government. Many are misled to assume that the republican form is merely a populist democracy limited by a constitution. In fact, exercising political liberty ''(voting and holding office)'' requires one to step down in status, changing from the republican form to the democratic form. American citizens are assumed to have voluntarily accepted obligations and duties associated with democracy that are inapplicable to the people at large. For example, conscription, if compulsory, would be a violation of liberty and life. However, in American law, sovereign people are not subjects to or objects of such impositions - only citizens are obligated. |