Constitutional history -- United States -- Sources; Constitutional law -- United States
the Western territory sufficiently known to the public. 6. “To
guarantee to every State in the Union a republican form of government;
to protect each of them against invasion; and on application of the
legislature, or of the executive (when the legislature cannot be
convened), against domestic violence. “In a confederacy founded on
republican principles, and composed of republican members, the
superintending government ought clearly to possess authority to defend
the system against aristocratic or monarchial innovations. The more
intimate the nature of such a union may be, the greater interest have
the members in the political institutions of each other; and the
greater right to insist that the forms of government under which the
compact was entered into should be SUBSTANTIALLY maintained. But a
right implies a remedy; and where else could the remedy be deposited,
than where it is deposited by the Constitution? Governments of
dissimilar principles and forms have been found less adapted to a
federal coalition of any sort, than those of a kindred nature. “As the
confederate republic of Germany,” says Montesquieu, “consists of free
cities and petty states, subject to different princes, experience shows
us that it is more imperfect than that of Holland and Switzerland. “
“Greece was undone,” he adds, “as soon as the king of Macedon obtained
a seat among the Amphictyons. “ In the latter case, no doubt, the
disproportionate force, as well as the monarchical form, of the new
confederate, had its share of influence on the events. It may possibly
be asked, what need there could be of such a precaution, and whether it
may not become a pretext for alterations in the State governments,
without the concurrence of the States themselves. These questions admit
of ready answers. If the interposition of the general government should
not be needed, the provision for such an event will be a harmless
superfluity only in the Constitution. But who can say what experiments
may be produced by the caprice of particular States, by the ambition of
enterprising leaders, or by the intrigues and influence of foreign
powers? To the second question it may be answered, that if the general
government should interpose by virtue of this constitutional authority,
it will be, of course, bound to pursue the authority. But the authority
extends no further than to a GUARANTY of a republican form of
government, which supposes a pre-existing government of the form which
is to be guaranteed. As long, therefore, as the existing republican
forms are continued by the States, they are guaranteed by the federal
Constitution. Whenever the States may choose to substitute other
republican forms, they have a right to do so, and to claim the federal
guaranty for the latter. The only restriction imposed on them is, that
they shall not exchange republican for antirepublican Constitutions; a
restriction which, it is presumed, will hardly be considered as a
grievance.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account