Instead of increasing individual liberty, it would destroy the republican form of government
by concentrating power in one branch of government--and the least democratically accountable branch of government at that.
measures from usurping the republican form of government
, courts should
in the republican form of government
envisaged by Article IV, Section 4
This puts the judiciary in the same role as the other political branches, which is antithetical to the judiciary's role as independent arbiter among the branches as contemplated by the republican form of government
organized under the Constitution.
It claims to stand for free speech, free press, and free assembly; but it is quite apparent that the main function of the ACLU is to attempt to protect the communists in their advocacy of force and violence to overthrow the government, replacing the American flag by a red flag and erecting a Soviet government in place of the republican form of government
guaranteed to each state by the federal Constitution.
On the other hand, commentator Leong has argued that Congress should create judicially manageable standards for courts to evaluate whether initiatives comply with the republican form of government
. (14) Leong argues that Congress should assert its power under the Guarantee Clause and the Fourteenth Amendment to invalidate any voter-initiated ballot measure that "uniquely burdens a member of an identifiable group traditionally the subject of arbitrary or invidious discrimination ...