Thread by @JMHendersonSr

Is there any clause of the Constitution that is insignificant? Meaningless? Without purpose?

Studying for the bar exam, it is a well-regarded saw that, on the multi-state bar exam, whenever one of the multiple-choice answers given is "The Republican Form of Government Clause" that choice is always ***wrong***.

Yes, there are tricks and tips for simplifying the task of passing the bar's multiple-choice component. One trick or tip is just that: "The Republican Form of Government Clause is never a correct answer."

There might be common sense to that case because our Nation has seldom found itself in circumstances in which it is obvious that the "republican form" of any State's government is put in jeopardy.

But what is the "Republican Form of Government" Guarantee of the US Constitution?

At a minimum, it is the promise of the Nation, writ large, that the manner of government in each of our States will be elective and representative.

So, for example, the abolition of a tripartite state government, giving place to a hereditary monarchy, even if desired by 100 % of a State's residents, is prevented by the Clause.

Moreover, the Clause binds the federal government and the States to the duty of preventing the substitution of forms of government in any fashion or form.

So, when Congress meets on January 6, 2021, in #jointsession to #countthevotes, does the "Republican Form of Government Clause" have any role in the activities of the day?

At least arguably and philosophically, the Guarantee Clause exists for this moment.

The #GuaranteeClause should compel each member of both #HousesofCongress to assure themself that certification of the #electoralvote does not do injury to the Republican Form of Government in any State.

But if the election was corrupted across the Nation, or in individual States, then certifying the results so produced is in #derogation of the #GuaranteeClause.

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