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- Title
A PRIVATE LITTLE BUSH V. GORE, OR, HOW NEVADA VIOLATED THE REPUBLICAN GUARANTEE AND GOT AWAY WITH IT.
- Authors
Sandefur, Timothy
- Abstract
This article examines the facts of Guinn v. Legislature of Nevada and related litigation, explains how the Nevada Supreme Court violated the Guarantee Clause, and explores the future constitutional implications of this unusual case. It is unfortunate that the United States Supreme Court decided not to review Guinn v. Legislature of Nevada or to give one further guidance on the import of the Guarantee Clause. Although it was a very unusual case, it contains the seeds of a serious threat to citizens' ability to control their government. Several state constitutions include supermajority requirements for tax increases. The willingness of courts to strike down these provisions on highly questionable grounds is a real danger.
- Subjects
UNITED States; BUSH v. Gore; GUARANTEE clause; NEVADA. Supreme Court; ACTIONS &; defenses (Law); UNITED States. Supreme Court; U.S. state legislatures; STATE constitutions
- Publication
Texas Review of Law & Politics, 2004, Vol 9, Issue 1, p105
- ISSN
1098-4577
- Publication type
Article