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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 that's a pretty broad statement.

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

So I think what's not clear and maybe we'll never have a really definitive answer on is like, is there a specific form of Republican government that is constitutionally required?

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

So, for instance, like how far could a state go in restricting who's allowed to vote within the state?

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

At some point, would that be no longer a Republican form of government?

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

Because after all, if we're going to go back to the founding, the founders were perfectly comfortable restricting the right to vote to themselves and nobody else.

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

So that's kind of a question left up in the air.

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

Right.

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

So maybe the Republican form of government guarantee is a little bit meaningless in the sense that it doesn't provide strong protections against attacks on voting rights.

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

And maybe the threat of having a totalitarian state government is pretty remote, maybe.

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

But, you know, it's a pretty broad set of outlines about what is a guarantee of a Republican form of government.

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

And then there is the protection clause of Article 4.

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

The federal government shall protect each of them, the states, against invasion.

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

So this is pretty interesting because this part of Article 4 requires, that's the shall, right?

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

Requires the federal government to protect each state from invasion and from domestic violence if the state asks for it.

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

So the protection clause actually works together with another part of the Constitution, which is found in Article 1.

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

That's the invasion clause.

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

In the invasion clause of Article 1, the states are not actually allowed to act in their own defense unless there's like a real emergency, unless they are, as the Constitution says, actually invaded.

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

So the Constitution sets up a scheme where the federal government is actually the one responsible for the collective security of the states.

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

So this is the part where you're really supposed to ask the federal government for help or the federal government is supposed to help you, the states.

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

Not a commonly used doctrine, unless you are Texas.