To: ro_dreaming
Texas has no standing in the way Arizona, California, New York, etc. handles their elections, even national elections. Texas can only challenge the way Texas handles elections, in Texas.
That's BS. It clearly violates the Guarantee Clause of the Constitution, Article IV, Section 4, which guarantees a "Republican form of government". If Mexico invades Texas and runs a mock election to install a puppet government in Texas that violates the Guarantee Clause. How is that different if China hacks a national election?
56 posted on
11/30/2022 11:32:30 AM PST by
Dr. Franklin
("A republic, if you can keep it." )
To: Dr. Franklin
You have picked a poor example to use. The U.S. Supreme Court has ruled — in multiple cases — that the enforcement of the Guarantee Clause is a “nonjusticiable political question,” to be determined by Congress or the executive branch, not the Federal courts.
61 posted on
11/30/2022 12:12:05 PM PST by
Alberta's Child
("It's midnight in Manhattan. This is no time to get cute; it's a mad dog's promenade.")
To: Dr. Franklin
The Guarantee Clause requires the “United States,” not “any State,” to “guarantee to every State in this Union a Republican Form of Government.” How would it provide one state standing to sue another state?
Also, the Supreme Court has held for more than a century that there is no justiciable claim under the Guarantee Clause. Any question as to whether a state has a republican form of government is a political one and the power to determine it is vested solely in Congress.
Your invasion hypothetical is covered by the next clause of Article IV Section 4, “shall protect each of them against Invasion.”
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson