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Elizabeth Jo

๐Ÿ‘ค Speaker
430 total appearances

Appearances Over Time

Podcast Appearances

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

But yeah, nothing that rises to the level of the Utah issue.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

I mean, it is interesting, though, because the Constitution does contemplate that the United States can grow and grow and grow.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

There's no limit on it.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

There's no like, and this is the last state you can have.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So it's kind of, you know, in a way, it's like an expansionist Constitution, right?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

It can get as big as you want.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Yeah.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

I mean, I wonder how things will go in the next couple of years or so, but we'll see.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Finally, the last section of Article 4 contains what's called the guarantee clause.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Do you want to read the guarantee clause?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

All right.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So what does it mean that the federal government is supposed to guarantee that every state has a Republican form of government?

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

That is kind of hard to say because there's really hardly any case law on it.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Part of the reason why is because generally the courts have said the guarantee clause isn't something for courts to get involved in based on what's called the political question doctrine.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Like this is really a political issue that the political branches of the federal government should get involved in.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

Right.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

So, I mean, I think that's pretty clear, like we that the federal government has an obligation under this clause to prevent any state from becoming a monarchy, let's say, or a dictatorship.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

You know, it's an obligation to make sure that doesn't happen.

99% Invisible
Constitution Breakdown #7: California AG Rob Bonta

And generally speaking, I think we can all agree that a Republican form of government means that the people govern through their elected officials.