Legal Terminology
The term republic does not appear in the Declaration of Independence, but does appear in Article IV of the Constitution which "guarantee to every State in this Union a Republican form of Government." What exactly the writers of the constitution felt this should mean is uncertain. The Supreme Court, in Luther v. Borden (1849), declared that the definition of republic was a "political question" in which it would not intervene. During Reconstruction the Constitutional clause was the legal foundation for the extensive Congressional control over the eleven former Confederate states; there was no such oversight over the border slave states that had remained in the Union.
In two later cases, it did establish a basic definition. In United States v. Cruikshank (1875), the court ruled that the "equal rights of citizens" were inherent to the idea of republic. The opinion of the court from In re Duncan(1891) held that the "right of the people to choose their government" is also part of the definition. It is also generally assumed that the clause prevents any state from being a monarchy — or a dictatorship. Due to the 1875 and 1891 court decisions establishing basic definition, in the first version (1892) of the Pledge of Allegiance, which included the word republic, and like Article IV which refers to a Republican form of government, the basic definition of republic is implied and continues to do so in all subsequent versions, including the present edition, by virtue of its consistent inclusion.
Read more about this topic: Republicanism In The United States
Famous quotes containing the word legal:
“The trouble with Eichmann was precisely that so many were like him, and that the many were neither perverted nor sadistic, that they were, and still are, terribly and terrifyingly normal. From the viewpoint of our legal institutions and of our moral standards of judgment, this normality was much more terrifying than all the atrocities put together.”
—Hannah Arendt (1906–1975)