Luther v Borden Brief PDF

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Brief of Luther v Borden...

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September 13, 2020 Citation: Luther v Borden 48 U.S. (7 How.) 1 (1849) Facts: Martin Luther was a part of the Dorr Rebellion which was an. Attempt to overthrow the charter government of RI that had blocked efforts of those who sought to broaden voting rights for residents. The rebellion turned violent and Luther was arrested by Luther Borden, a state official who searched his home and allegedly damaged his property. Luther argued that the charter government was not “republican” in nature because it restricted the electorate to only the landowning classes. Thus, it violated Article 4. He proposed the “Dorrite” alternative republican government. Court’s Opinion: Opinion written by  Courts don’t have power in determining whether a state government has been lawfully established o It is up to the other branches of government (President and Congress) to make these related decisions as they are political in nature.  Article 4 is non-justiciable (Guarantee Clause)...