The Guarantee Clause of the U.S. Constitution

By William M. Wiecek | Go to book overview

7
Reconstruction: Diminuendo, 1867-1877

The effective impact of the guarantee clause began to dissipate once the Military Reconstruction Act of 2 March 1867 had been passed. This was not immediately apparent, at least not to the more radical congressional Republicans. Rhetorically, the momentum of the clause's development continued well into the Fortieth Congress ( 1867-1869). Charles Sumner and others outlined far-reaching applications of it as late as 1868. But by then its force was spent as an element in congressional policy-making, principally because the temporary and forced Republican consensus that produced the March 2nd Act dissolved speedily.

The loss of consensus became increasingly apparent between 1868 and 1874 in three different conflicts that clamored for congressional solution. The expulsion of Negro members from the Georgia legislature in 1868, the political anarchy and near-civil war in Arkansas from 1872 to 1874, and similar conditions in Louisiana in 1872 might all have been handled through application of the guarantee by the Congress. In the latter two the President begged Congress to do something, and the Supreme Court had already given wide berth to Congress to do pretty much as

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The Guarantee Clause of the U.S. Constitution
Table of contents

Table of contents

  • Title Page iii
  • Acknowledgments vii
  • Contents ix
  • Abbreviations xi
  • Introduction 1
  • Part I - Beginnings 9
  • I - Origins 11
  • 2 - Drafting And Ratification 51
  • 3 - Domestic Violence 78
  • 4 - Luther V. Borden (1849) 111
  • Part II - Fruition 131
  • 5- Slavery in The American Republic 133
  • 6 - Reconstruction: Crescendo, 1861-1867 166
  • 7 - Reconstruction: Diminuendo, 1867-1877 210
  • Part III - Desuetude 245
  • 8 - The Progressive Era 247
  • 9- Baker V. Carr (1962) 270
  • Epilogue 290
  • Suggested Secondary Readings 305
  • Index 315
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