Can Texas Mess With Other States’ Elections? Maybe So, under the Guarantee Clause

16 Pages Posted: 4 Jan 2021

Date Written: December 15, 2020

Abstract

This essay contests the dominant narrative about the post-election lawsuit that Texas filed against four battleground States alleging election irregularities in those States. The dominant narrative characterizes Texas’s lawsuit as “outlandish,” partly on the ground that Texas lacks a legally enforceable interest in how other States conduct their elections. This essay argues that—assuming Texas’s factual allegations were plausible—Texas had a plausible claim under the Guarantee Clause of the U.S. Constitution. The claim rests primarily on the history of the Clause, which recognizes the States’ interest in each other’s having a substantially similar form of government.

Keywords: constitutional law, presidential elections, Guarantee Clause, republics, republican form of government, standing

JEL Classification: K19, K41

Suggested Citation

Seamon, Richard Henry, Can Texas Mess With Other States’ Elections? Maybe So, under the Guarantee Clause (December 15, 2020). Available at SSRN: https://ssrn.com/abstract=3757803 or http://dx.doi.org/10.2139/ssrn.3757803

Richard Henry Seamon (Contact Author)

University of Idaho - College of Law ( email )

P.O. Box 442321
Moscow, ID 83844
United States
208-885-7061 (Phone)

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