Time: Wed Feb 19 21:05:18 1997
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Date: Wed, 19 Feb 1997 21:02:42 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Guarantee Clause
Subject: Guarantee Clause (4:4)
"More recently, the Court speaking through Justice
O'Connor has raised without deciding the possibility
that the guarantee clause is justiciable and is a
constraint upon Congress' power to regulate the
activities of the States. New York v. United States,
112 S.Ct. 2408, 2432-2433 (1992); Gregory v. Ashcroft,
501 U.S. 452, 463 (1991). The opinions draw support
from a powerful argument for utilizing the guarantee
clause as a judicially enforceable limit on federal
power. Merritt, The Guarantee Clause and State
Autonomy: Federalism for a Third Century, 88
Columbia Law Review 1 (1988)."
["The Constitution Annotated"]
[Article IV, Section 4, fn 331]
If anybody would like to do me a B-I-G favor, I would
appreciate it very much if they would find and send me
a copy of the Merritt article. If I am not mistaken,
this is a brilliant tour de force of the Guarantee
Clause, with tons of original insights into an otherwise
neglected constitutional provision. It slipped through
my hands, many months ago, and I no longer have the copy.
/s/ Paul Mitchell
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Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
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