Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: MamaTexan

So you disagree with Article 4, Section 4?

Section 4 – Republican Government

The United States shall guarantee to every state in this Union a republican form of government, and shall 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.


12 posted on 06/19/2014 6:11:28 AM PDT by mazda77
[ Post Reply | Private Reply | To 1 | View Replies ]


To: mazda77
So you disagree with Article 4, Section 4?

Not at all.

It may not be amiss further to observe, that every pretext for intermeddling with the domestic concerns of any state, under colour of protecting it against domestic violence is taken away, by that part of the provision which renders an application from the legislative, or executive authority of the state endangered, necessary to be made to the federal government, before it's interference can be at all proper.
St. George Tucker, Blackstone's Commentaries (Annotated), 1803

////////////

At the same time it is properly provided, in order that such interference may not wantonly or arbitrarily take place; that it shall only be on the request of the state authorities: otherwise the self-government of the state might be encroached upon at the pleasure of the Union, and a small state might fear or feel the effects of a combination of larger states against it under colour of constitutional authority;
William Rawle, A View of the Constitution of the United States, 1825

////////////

……. (snip) The right of interposition must depend upon the special circumstances of the case. It is not susceptible of precise limitations, and is extremely delicate in the application. It must be submitted to the guidance of eminent discretion, and controlled by the principles of justice and sound policy. It would clearly be a violation of the law of nations to invite subjects to revolt who were under actual obedience, however just their complaints; or to endeavor to produce discontents, violence, and rebellion in neighboring states, and, under color of a generous assistance, to consummate projects of ambition and dominion.
James Kent , Commentaries on American Law, 1826

////////////

§ 1819. It may not be amiss further to observe, (in the language of another commentator,) that every pretext for intermeddling with the domestic concerns of any state, under colour of protecting it against domestic violence, is taken away by that part of the provision, which renders an application from the legislative, or executive authority of the state endangered, necessary to be made to the federal government, before it's interference can be at all proper.
Joseph Story, Commentaries on the Constitution, 1833

-----

On Application of the Legislature means the STATE authority must request assistance NOT that the federal authority can take action because IT feels it necessary.

So the question becomes...

Do YOU have a problem with it?

24 posted on 06/19/2014 6:19:27 AM PDT by MamaTexan (I am a Person as created by the Laws of Nature, not a person as created by the laws of Man)
[ Post Reply | Private Reply | To 12 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson