Republican Form of Government
Thomas Allen
Article IV, Section 4 of the US Constitution, guarantees each State a republican form of government. Ty Bodden describes the attributes of a republican form of government in “Restoring a Constitutional, Republican Form of Government: States Push Back Against Direct Democracy and Bureaucratic Rule,” January 16, 2026 (https://thenewamerican.com/us/restoring-a-constitutional-republican-form-of-government-states-push-back-against-direct-democracy-and-bureaucratic-rule/).
Each State should be a constitutional republic with a republican government. A republican government is “grounded in constitutional limits, representative lawmaking, and the rule of law.” It “requires clear lines: Legislatures make the law, executives execute it, courts interpret it.” Moreover, a “republican government demands transparency and public accountability — not self-perpetuating appointment systems.”
A constitutional republic is governed “by law, exercised through elected representatives, with safeguards that protect God-given rights against both mob passions and unelected bureaucrats.” Thus, States “ have a duty to structure their institutions in ways that preserve representative lawmaking, checks and balances, and protections from majoritarian tyranny.”
Under a republican government, “major policy decisions remain accountable to the people through their elected representatives.” Legislators cannot evade their responsibilities by delegating legislative authority to executive boards and commissions. Consequently, unelected rulemaking boards and commissions are incompatible with a republican government. If they exist at all, rulemaking “administrative bodies must remain subordinate, not function as a fourth branch.”
The purpose of a constitution is “to restrain government and protect rights,” Bodden notes, “A constitution is not meant to be a running policy notebook, rewritten whenever a slim majority is persuaded by slick advertising.” Thus, it should not be changed on a whim of a bare majority, or else “liberty becomes temporary and rights become negotiable.”
Consequently, amending State constitutions should require a supermajority, e.g., 60 percent. State constitutions should not allow amendments through ballot initiatives. Furthermore, the amendment process should require more than just a statewide majority. It should also require majorities in various districts throughout the State, e.g., congressional districts. Such requirements ensure that the amendment has broad support. If both of these approaches are combined, which Bodden does not do, before an amendment becomes part of the constitution, it would need 60 percent of the vote statewide and would have to receive a majority vote in each congressional district or, alternatively, in two-thirds of the districts.
Bodden concludes, “Will states be governed as republics, under the rule of law, or as democracies, under the whims of shifting majorities and unelected managers? A republic restrains power to protect the people. A democracy too often unleashes power — first against the minority, and eventually against everyone.”
Bodden fails to address two important issues. One is that today the States are not republics and cannot become republics; therefore, they cannot have a republican form of government merely by making the changes that he recommends. The other is the electorate.
As a result of Lincoln’s War and the Fourteenth Amendment, no State today is a republic (See “Before and After” by Thomas Allen). Although the governments of the States appear to be republican in form, they are not. Only a republic can have a republican form of government (see “Returning Republican Governments to the States” by Thomas Allen).
For a State to have a republican form of government, a State must be a republic. For a State can be a republic, it must be sovereign, and as a sovereign, it is the final judge of the constitutionality of acts of the federal government. In other words, before a State can have a republican form of government, it has to have the right, duty, and power to nullify any federal act that it finds unconstitutional and has the right and power to enforce the nullification, including jailing any federal agent trying to enforce the nullified law, as Vermont did when it nullified the fugitive slave law (see “Nullification and Fugitive Slave Laws” by Thomas Allen). Until States regain their sovereignty, they cannot have a republican form of government.
Who is the electorate of a State? It is “we the people” of that State, i.e., it is the body politic that ultimately wields political power (see “Meaning of ‘We the People’” by Thomas Allen). Today, almost anyone more than 18 who breathes is part of the electorate. (As Landslide Lyndon in 1948 and Biden in 2020 have shown, even dead people are part of the electorate.)
When the US Constitution and the constitutions of the original States were ratified, the electorate was limited to people who had a vested interest in the community. That is, only White males who owned a minimum amount of real property were members of the electorate. During the Jacksonian Era, most White males more than 21 received the vote. The Fifteenth Amendment extended voting to Black males, and the Nineteenth Amendment gave women the vote. The Twenty-fourth Amendment removed the requirement to pay taxes, and the Twenty-sixth Amendment lowered the voting age to 18. (Every time suffrage was expanded, liberty declined.)
An important component of returning a republican form of government to the States is to restrict suffrage to people who have a vested interest in the community. Only people who own a minimum amount of real property or pay a minimum amount of direct taxes (property, income, and capitation taxes) would have the right to vote and be part of the body politic.
Most States already have the governmental structure in place to have a republican form of government. What they are lacking is the sovereignty of “we the people” and restricting “we the people” to those who have a vested interest in the community.
Copyright © 2026 by Thomas Allen.
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