Anatomy of the Federal Litigation: Challenging the Legislature's Actions in the Wake of Guinn v. Legislature
John C. Eastman
Chapman University - School of Law; Claremont Institute Center for Constitutional Jurisprudence
Nevada Law Journal, Vol. 4, pp. 543-565, Spring 2004
In July 2003, the Supreme Court of Nevada issued an extraordinary writ of mandate to the Nevada Legislature, directing it to enact a bill raising taxes to support increased education spending, by a simple majority vote rather than the 2/3 vote required by the Nevada Constitution.
This article describes the federal court litigation that was filed to challenge that ruling, and explores the merits of the case, both procedurallyl and substantively. Most importantly, the article explores the meaning of the Republican Guaranty Clause of Article IV of the U.S. Constitution, and Justice O'Connor's invitation in New York v. United States to consider whether the clause might be justiciable in some circumstances.
Number of Pages in PDF File: 23
Keywords: Nevada, Guinn v. Legislature, Republican Guaranty Clause, Due Process, Tax Authority
JEL Classification: H10,H11,H19,H20,H52,H70,H71,H72,I20,I22,K40,K41Accepted Paper Series
Date posted: August 21, 2006
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo6 in 1.704 seconds