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The Guarantee Clause
- Article IV, Section 4 is generally known as the Guarantee Clause. 1 Through its terms, the United States makes three related assurances to the states: (1) a guarantee of a republican form of government; (2) protection against foreign invasion; and (3) upon request by the state, protection against internal insurrection or rebellion. 2
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Article IV Explained. Section 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Section 2.
- Full Faith and Credit. Summary: This subsection establishes that states are required to recognize the laws passed by other states and accept certain records such as drivers' licenses.
- Privileges and Immunities. This subsection requires that each state must treat citizens of any state equally. U.S. Supreme Court Justice Samuel F. Miller in 1873 wrote that the sole purpose of this subsection was to "declare to the several States that whatever those rights, as you grant or establish them to your own citizens, or as you limit or qualify, or impose restrictions on their exercise, the same, neither more nor less, shall be the measure of the rights of citizens of other States within your jurisdiction."
- New States. This subsection allows Congress to admit new states into the union. It also allows for the creation of a new state from parts of an existing state.
- Republican Form of Government. Summary: This subsection allows presidents to send federal law enforcement officials into states to maintain law and order.
Section 4. 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.
Article IV. 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. Back to Original Text. Matters of Debate. Common Interpretation.
The Meaning. This provision, known as the guarantee clause, is attributed to James Madison. It has not been widely interpreted, but scholars think it ensures that each state be run as a representative democracy, as opposed to a monarchy (run by a king or queen) or a dictatorship (where one individual or group of individuals controls the ...
May 21, 2024 · Article 4, Section 4. Text of Article 4, Section 4: 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.
