Tag Archives: Guarantee Clause

Tenth Circuit denies en banc review in Guarantee Clause case

by Emil J. Kiehne Posted on July 23, 2014

Yesterday the Tenth Circuit voted to deny en banc review in Kerr v. Hickenlooper. Judges Hartz, Tymkovich, Holmes, and Gorsuch dissented. To recap, the Guarantee Clause is located in Article IV, Section 4 of the United States Constitution, and provides … Continue reading →

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Tenth Circuit holds that Guarantee Clause claim is justiciable

by Emil J. Kiehne Posted on March 10, 2014

The Guarantee Clause (or “Guaranty” Clause) is located in Article IV, Section 4, and provides that “The United States shall guarantee to every State in this Union a Republican Form of Government….” It’s one of those clauses of the Constitution that … Continue reading →

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