After Justice Barrett completely humiliated Justice Jackson—joined by every justice other than Jackson’s partners in anarchy, Sotomayor and Kagan—for describing constitutional jurisprudence as “boring ‘legalese’” and proclaiming an “imperial judiciary,” it seems timely, especially with a radical, socialist, Muslim mayoral candidate now the overwhelming favorite to govern the nation’s largest city, that we better understand the limits of the judicial branch, and conversely, the power of the executive.

Even though we still argue at the fringes of constitutional meaning, the Constitution itself uses language that couldn’t be clearer: “the right of the people to keep and bear Arms shall not be infringed” and “Congress shall make no law...abridging the freedom of speech.” But no language is more powerful and direct than that in little-known Article IV Section 4: “the U.S. shall guarantee to every state...a republican form of government.” Guarantee! The Framers saved their strongest language in the Constitution for its very structure.

ChatGPT" src="https://images.americanthinker.com/tc/tciavnymxfkm3zfmnqkf_640.jpg" />

Image created using ChatGPT

Fascist governments, communist governments, socialist governments, monarchies, and even direct democracies (although those labels did not exist at the time, all but communism were familiar types of government) were anathema to the Founders.

Yet, despite its obvious importance, the Constitution is silent on the question of what actually constitutes a republican form of government. John Marshall, however, wrote in Marbury v. Madison that questions of this nature would certainly be the purview of the judiciary: “It is........

© American Thinker