The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.–Article IV, Section 4 of The Constitution
[W]e may define a republic to be, or at least may bestow that name on, a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior. It is ESSENTIAL to such a government that it be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it; . . . It is SUFFICIENT for such a government that the persons administering it be appointed, either directly or indirectly, by the people; and that they hold their appointments by either of the tenures just specified[.]–James Madison, Federalist 39
Madison say a Republican Form of Government:
- derives all its powers directly or indirectly from the great body of the people
- is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.
- be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it
- persons administering it (the government) be appointed, either directly or indirectly, by the people; and that they hold their appointments by either of the tenures just specified
There is reason to doubt that the Federal Government today meets Madison’s standard for a “Republican form of Government,” thus is unable and unwilling to guarantee that to the states.
- The electorate is something less than “the great body of the people.”
- Many hold office for no reason other than party allegiance, whether their behavior be good or not.
- The wealthy class has undue influence.
- Some elected officials hold office in spite of bad behavior.
I disagree with Madison’s condition of “limited terms;” I believe experience is important in government as in other human endeavors and that term limits alone are no guarantee of good behavior. Perhaps experience was less valuable in Madison’s time.
