![]() Luther claimed that defendant unlawfully entered his home against his will damaging his personal belongings. Under orders from his superior commander, Borden along with other entered Luther’s home in order to arrest him. Martin Luther, who was a prominent leader for Dorr’s rebellion was accused of insertion and was ordered by the State of Rhode Island to be arrested. ![]() Dorr’s Rebellion wanted to establish a new form of government, and began holding conventions around Rhode Island in order to gather supporters for their cause. Protestors in Rhode Island who protested against the government, claimed that at the time, Rhode Island’s government was not a republic and formed a group known as Dorr’s rebellion. In 1841 the state of Rhode Island operated on a form of government that was previously established, based on a charter from 1663. Borden in which Luther claimed Borden trespassed on his property. Martin Luther filed a suit against Luther M. Martin Luther’s argument was that the Charter government was not a Republican government and, therefore, all of their actions were invalid (Chicago- Kent). The Charter government replied that they entered his home under martial law and used appropriate force to enter the house of a suspected person involved in insurrection. Martin Luther, of Massachusetts, brought a subsequent case forth regarding the Charter government entering his home. The courts of Rhode Island upheld the Charter’s decision and the authority of the Charter’s government (Luther). Instead, the charter government held Rhode Island under martial law. Parts of the population held meetings and voted on a new constitution to be ratified by the existing Charter government. Rhode Island’s existing government, under the Royal Charter of 1663, had been challenged by a new constitution which because of conflict, created Dorr’s Rebellion.This system of government was very archaic and suppressed the right to vote to almost half of their population. In 1841, Rhode Island was operating under the government established by their Royal Charter of 1663. Therefore, under this doctrine, the authority to decide the legitimate government in Rhode Island is in the hands of Congress and the President. Because this case raised that issue, it was a non-justiciable matter. ![]() The Supreme Court declared they had no authority since the case was formed around the Political Question Doctrine. Luther then appealed his case to the United States Supreme Court. State courts ruled in favor of Borden and the existing charter government, which at that time, was the only government that had been declared by the Supreme Court the legitimate one. Luther stated that under the Federal Constitution, a republican form of government was in mandate and that the new constitution was the new form of government. Dorden’s reasoning was because Luther had violated the existing charter government. Martin Luther, who was a participant in the rebellion, filed a suit against Luther Borden who broke into his house, damaging his property. During Dorr’s rebellious fight for this new government, the existing charter government took immediate action and declared martial law within the state of Rhode Island. ![]() The charter government limited voting rights of the people while the new government provided for the suffrage of white manhood. In Rhode Island, this case was created out of conflict between the Royal Charter of 1663 and a new established government, both claiming that each was the legitimate one. This Guarantee Clause under Article IV, Section 4 of the United States Constitution said that it “shall guarantee to every State in this Union, a Republican Form of Government.” Supreme Court case where the Guarantee Clause was declared non-justiciable.
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