Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/687

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CH. XLI.]
GUARANTY TO THE STATES.
679

CHAPTER XLI.

GUARANTY OF REPUBLICAN GOVERNMENT—MODE OF MAKING AMENDMENTS.

§ 1807. The fourth section of the fourth article is as follows: "The United States shall guaranty 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."

§ 1808. The want of a provision of this nature was felt, as a capital defect in the plan of the confederation, as it might in its consequences endanger, if not overthrow, the Union. Without a guaranty, the assistance to be derived from the national government in repelling domestic dangers, which might threaten the existence of the state constitutions, could not be demanded, as a right, from the national government. Usurpation might raise its standard, and trample upon the liberties of the people, while the national government could legally do nothing more, than behold the encroachments with indignation and regret. A successful faction might erect a tyranny on the ruins of order and law; while no succour could be constitutionally afforded by the Union to the friends and supporters of the government.[1] But this is not all. The destruction of the national government itself, or of neighbouring states, might result from a successful rebellion in a single state. Who can determine, what would have been the issue, if
  1. The Federalist, No. 21.