Protection from Domestic Violence

                The topic of discussion for this Constitution Monday comes from Article 4, Section 8:  “The United States … shall protect each of them [every State in the Union] … against domestic Violence.”  This provision is part of the “Guarantee Clause” of the Constitution because it contains certain guarantees to the States.  It means that whenever domestic violence in any state exceeds the power of said state, the officials have the right to call upon the federal government for assistance in protecting its residents.

                “The Constitution provides that the state may act through its state legislature if it is in session, or the request may come from the governor if the legislature is not in session.

                “The only question involved in this clause is whether or not the government may intervene on its own initiative without a request form the officials of a state….”  (See W. Cleon Skousen in The Making of America – The Substance and Meaning of the Constitution, p. 642.)

                Robert G. Naetelson of The Heritage Foundation stated that “the guarantee of protection from domestic violence may be treated as part of the republican guarantee” or guarantee of the republican form of government….

                “… The Guarantee Clause’s protection against domestic violence assures orderly government and the rule of law, and protects the states’ legitimate magistracy against mob rule…” (The Heritage Guide to the Constitution, pp. 282-283).

                In other words, the Guarantee Clause in the Constitution guarantees that each State will have the backing of the federal government in sustaining the republican form of government against all enemies of peace, whether foreign or domestic.