Time: Wed Feb 19 21:05:18 1997 by primenet.com (8.8.5/8.8.5) with SMTP id TAA10389; Tue, 18 Feb 1997 19:13:25 -0700 (MST) 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 ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this ========================================================================
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