OCTOBER TERM, 1961.
Opinion of the Court.
369 U. S.
§ 4, of a republican form of government. A conclusion
as to whether the case at bar does present a political question cannot be confidently reached until we have considered those cases with special care. We shall discover
that Guaranty Clause claims involve those elements
which define a "political question," and for that reason
and no other, they are nonjusticiable. In particular, we
shall discover that the nonjusticiability of such claims has
nothing to do with their touching upon matters of state
governmental organization.
Republican form of government: Luther v. Borden, 7
How. 1, though in form simply an action for damages
for trespass was, as Daniel Webster said in opening the
argument for the defense, "an unusual case." 4 The
defendants, admitting an otherwise tortious breaking
and entering, sought to justify their action on the ground
that they were agents of the established lawful government of Rhode Island, which State was then under martial law to defend itself from active insurrection; that the
plaintiff was engaged in that insurrection; and that they
entered Under orders to arrest the plaintiff. The case
arose "out of the unfortunate political differences which
agitated the people of Rhode Island in 1841 and 1842,"
7 How., at 34, and which had resulted in a situation
wherein two groups laid competing claims to recognition
as the lawful government."
The plaintiff's right to
44 7 How., at 29.
And see 11 The Writings and Speeches of Daniel
Webster 217 (1903).
45 See Mowry, The Dorr War (1901), and its exhaustive bibliography. And for an account of circumstances surrounding the decicion here, see 2 Warren, The Supreme Court in United States History
(Rev. ed.), 185-195.
Dorr himself, head of one of the two groups and held in a Rhode
Island jail under a conviction for treason, had earlier sought a deci;
sion from the Supreme Court that his was the lawful government.
His application for original habeas corpus in the Supreme Court was
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