Dor Rebellion Case Analysis

During 1841 Rhode Island was operating under a system of government that was created in 1663, under a colonial charter. This system of government had heavy restrictions on voting, and had no tolerance for amends to the constitution. Local Rhode Island citizens formed a group to protest for a new constitution to be ratified. However that next year governor Thomas Dorr was elected, and the old charter continued to be in effect. Once protestor their current system of government would continue to operate the Dorr rebellion was created, which was an attempt to overthrow the Rhode Island government. Later on the insurgent government declared for martial law; putting the Dorr rebellion to rest. (The Oyez Project at IIT Chicago-Kent College of Law.) Due to the charter government still having full control, the instructed militiamen’s such as Luther Borden, to …show more content…
If the constitution guarantees a republican form of government, under the new constitution rather than the old charter system?
Rule: Article IV, section 4 of the United States constitution states that the United States must guarantee every State in the Union a republican form of government; under the Constitution the U.S. must also protect citizens from invasion.( Luther v. Borden 48 U.S. 1 (1849)." Justia Law. N.p., n.d.)
Application/ Analysis: With preceding under the original law that the United States must guarantee every State in the Union a form of republican government, the court must follow the rule that Congress is to determine if a state government action is lawful or not. The State was then under martial law, to protect the State from insurrections; therefore the order to arrest Borden was lawful at the time. The Supreme Court also found that this matter is in fact a political question, therefore it is outside purview on the court.( The Oyez Project, Luther v. Borden, 48 U.S. 1