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U.S. Const. art. IV, § 4 | U.S. Constitution (Georgia Annotations)

CONSTITUTION OF THE UNITED STATES OF AMERICA

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ARTICLE IV.

Section 4. [Guarantee of Republican Government]

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.

Law reviews.

- For article "Free Speech and the Interest in Local Law and Order," see 1 J. of Pub. L. 41 (1952). For article, "The Law of the Land," focusing on the role of the Supreme Court, see 6 J. of Pub. L. 444 (1957). For article arguing against constitutional justification for the sending of federal troops to Little Rock, Arkansas and the federalization of Arkansas troops, see 20 Ga. B.J. 325 (1957). For article, "Whether the Appellate Power of the Supreme Court Should Be Limited, Or More Expressly Declared," see 21 Ga. B.J. 19 (1958). For article, "Reapportionment Recapitulated: 1960-1970," see 7 Ga. St. B.J. 191 (1970). For article, "Constitutional Issues In Federal No-Fault," see 27 Mercer L. Rev. 273 (1975). For article, "Problems in Search of Principles: The First Amendment in the Supreme Court from 1791-1930," see 35 Emory L.J. 59 (1986). For article, "Ideology, Religion, and the Constitutional Protection of Private Property: 1760-1860," see 39 Emory L.J. 65 (1990).

JUDICIAL DECISIONS

United States is a democratic country with a republican form of government. Leoles v. Landers, 184 Ga. 580, 192 S.E. 218, appeal dismissed, 302 U.S. 656, 58 S. Ct. 364, 87 L. Ed. 507 (1937).

Cited in Carr v. State, 176 Ga. 747, 169 S.E. 201 (1933); South v. Peters, 89 F. Supp. 672 (N.D. Ga. 1950); Cox v. Georgia Educ. Auth., 225 Ga. 542, 170 S.E.2d 240 (1969); Revels v. Tift County, 235 Ga. 333, 219 S.E.2d 445 (1975).

OPINIONS OF THE ATTORNEY GENERAL

Effect of section on state constitutional provision.

- United States Const., art. II, sec. III, means that the laws must be executed as required by other constitutional provisions, such as the one that demands a request from the Legislature or the Governor of the state before federal troops are used to put down domestic violence (U.S. Const., art. IV, sec. IV). 1957 Op. Att'y Gen. p. 8.

Circumstances necessary for implementation of section.

- The Constitution only authorizes the United States to take protective action against domestic violence in any state on application of the Legislature or of the executive; U.S. Const., art. IV, sec. IV has been construed in a number of cases, and there are several Supreme Court decisions that call attention to the fact that the United States can only intervene to suppress violence in a state on application of the Legislature or of the executive of that state. 1957 Op. Att'y Gen. p. 8.