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Republic

A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

The commonwealth; the state. See Respublica. In a republic, all the citizens, as such, are equal, and no one can rightfully exercise authority over another but by virtue of power constitutionally given by the whole community, which authority, when exercised, is in effect the act of the community. Sovereignty resides in the people in their political capacity, s Bepublican form of government. "The United States shall guarantee to every State in this Union a Republican Form of Government." * ' F. re-prendre, to take back,— 4 Bl. Com. 394. The same as reprove, but nearer Mid. Eng. repreven, to reject, put aside, disallow,

Skeat. 2 4 Bl. Com. 394 ' 4 Bl. Com. 394-96. 4 Sterling v. Drake, 29 Ohio St. 461 (1876): 3 Chitty, Cr. L. 757. " F. represaille, taking or seizing on; L. re-prehendere, to seize again. F. reprise, to take back. • [3 Bl. Com. 4. ' Act 16 June, 1836, § 44: P. L. 769; 1 Purd. Dig. 755. No particular government is designated as " republican," neither is the exact form to be guaranteed in any manner especially designated. Here, as in other parts of the Constitution, we are compelled to resort elsewhere to ascertain what was intended. The guaranty necessarily implies a duty on the part of the States themselves to.provide such a government. All the States had governments when the Constitution was adopted. In all, the people participated to some extent, through representatives elected in the manner especially provided. These governments the Constitution did not change. They were accepted precisely as they were, and it is therefore to be presumed that they were such as it was the duty of the States to provide. Thus we have unmistakable evidence of what was "republican" in form, within the meaning of that term as employed in the Constitution. ^ Authority to provide for the restoration of State governments, when subverted and overthrown, is derived from this obligation on the United States. Discretion in the choice of means is necessarily allowed. It is essential only t^at the means be " necessary and proper " for carrying into execution the power conferred, through the restoration of the State to its constitutional relations, under a republican foi^ of government, and that no act be done, no authority exerted, which is either prohibited or unsanctioned by the Constitution. 2 It rests with Congress to decide what government is the establislied one in a State, before it can determine whether it is republican or not.^ See Government; State, 3; War.