Can Texas Mess With Other States’ Elections? Maybe So, under the Guarantee Clause
16 Pages Posted: 4 Jan 2021
Date Written: December 15, 2020
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: Suggested Citation