The Guarantee Clause in Constitutional Law

Abstract

LONG with the prohibition on titles of nobility, the inclusion in the Constitution of a guarantee of republican government to the states' represents an attempt on the part of the framers to make a definite break with European models. Republican government, carrying as it did the connotation of non-monarchic institutions which were nonetheless free from the dangers of mob rule, represented a desirable middle ground between licentious democracy and autocratic domination. Another strong appeal of republicanism was the system of checks and balances supposed to be an integral part of the form. Although some disagreement existed as to the particular institutions which characterized the republican form of government, the Philadelphia convention was unanimously in agreement that the existing state governments were republican and should be protected in their continued enjoyment of that form of government. Debate in the convention on the proposed guarantee2 was not extensive and centered about the possible action which the national government might take in its execution.3 The discussion eventuated in a specific protection against invasion and, upon call of the legislature or executive, against domestic violence.4 This addition made the clause complete. From the records of the convention little that is concrete can be learned about the intent of the framers. Although confident that the clause in its entirety constituted a protection to the states, they made no attempt to answer the two great questions which were to be asked repeatedly in future considerations of the guarantee: what is a republican form of government; and what action is to be taken in execution of the guarantee? True, it was generally assumed by the delegates that the existing state governments were guaranteed, thus certifying their republican character; but were these the only permissible mutations of the prescribed form? Another issue left unsettled was the possible consequence of a state's abandoning its republican form in a peaceful, non-insurrectionary manner. Who would act to restore republican government, and what could be done?