The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 21
The following text was automatically extracted from the image on this page using optical character recognition software:
Texas v. White
troduction of monarchical elements which might subvert the exist-
Webster, in his great argument in the case of Luther v. Borden,
The law and the Constitution go on the idea that the States are
all republican, that they are all representative in their forms, and
that these popular governments in each State, the annually created
creatures of the people, will give all proper facilities and neces-
sary aids to bring about changes which the people may judge
necessary in their constitutions.
A corollary of this doctrine is that when the governments of the
States are changed the alteration must be accomplished in accord-
ance with the amending clause of the constitution of the State.
The duty of the United States was to protect the State against
changes of any other character or by any other method.
In the leading case of Luther v. Borden, above mentioned, Chief
Justice Taney held that the guaranty clause was an obligation
for Congress to fulfill. "Under this article of the Constitution it
rests with Congress to decide what government is the established
one in the State. For as the United States guarantee to each
State a republican form of government, Congress must neces-
sarily decide what government is established in the State before
it can determine whether it is republican in form or not."27 When
Congress decides, the decision is binding upon every other depart-
ment of the government. The executive authority, also, has a cer-
tain power in the matter. In case of domestic violence within
the State, Congress must provide means for meeting the exigency.
The method of procedure had been provided in the act of Febru-
ary 28, 1795, by which the President, on application of the State
authorities, could suppress an insurrection: The President, there-
son, than guaranteeing the continuance of the pre-existing governments.
The States might change their governments, but in the process of substi-
tution and alteration, they must take care that the product be republican.
This clause should be taken in connection with those which protect the
State against foreign invasion and against domestic violence. All of these
provisions are aimed to maintain the stability and integrity of the State
government. Thus Madison treats the subject in that number of the
Federalist. For the views of the Constitutional Convention, see Hunt
(editor), Madison's Works, III, 93, 144, 469-471.
"McIntire (editor), Webster's Works, VI, 217 et seq.; Dunning, Essays,
277 Howard, 42.
Here’s what’s next.
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas State Historical Association. The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916, periodical, 1916; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101067/m1/29/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.