The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
If the President errs, it is within the power of Congress to apply the
proper remedy. “The sovereignty in every State resides in the people
of that State, and they may alter and change their form of government
at their own pleasure.”[331] But the United States guarantees to each
a republican form of government.[332] “No particular government is
designated as republican, neither is the exact form to be guaranteed in
any manner especially designated.”[333]
The guarantee necessarily implies a duty on the part of the
States themselves to provide such a government. All the States
had governments when the Constitution was adopted. In all, the
people participated to some extent, through their representatives
elected in the manner specially provided. These governments the
Constitution did not change. They were accepted precisely as they
were, and it is, therefore, to be presumed that they were such as
it was the duty of the States to provide. Thus we have unmistakable
evidence of what was republican in form, within the meaning of that
term, as employed in the Constitution.[334]
Conformably with the character of this federal guarantee of the
republican form, the Supreme Court has decided that:
In the Constitution the term _State_ most frequently expresses
the combined idea ... of people, territory, and government. A
_State_, in the ordinary sense of the Constitution, is a political
community of free citizens, occupying a territory of defined
boundaries, and organized under a government sanctioned and
limited by a written constitution, and established by the consent
of the governed. It is the union of such States, under a common
Constitution, which forms the distinct and greater political unit,
which that Constitution designates as the United States, and makes
of the people and States, which compose it, one people and one
country.... The preservation of the States, and the maintenance of
their government, are as much within the design and care of the
Constitution as the preservation of the Union and the maintenance
of the national government. The Constitution, in all of its
provisions, looks to an indestructible Union of indestructible
States.[335]
The constitutional rules of State comity are therefore rules of
national jurisdiction, and operate as limitations on the jurisdiction
of the several States. The purpose of these rules, as that of every
rule of that jurisdiction is essentially to preserve that jurisdiction,
or sovereignty,—and is sufficiently indicated in the Preamble to the
Constitution.[336]
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