Carolyn Shapiro on Democracy and the Guarantee Clause
In this episode, Carolyn Shapiro, Associate Professor of Law and Co-Director of the Institute on the Supreme Court of the United States at Chicago-Kent College of Law, discusses her article "Democracy, Federalism, and the Guarantee Clause," which will be published in the Arizona Law Review. Shapiro begins by describing what the Guarantee Clause of the Constitution is and what it was originally intended to accomplish. She surveys the history of the Guarantee Clause and how its salience has waxed and waned over time. She argues that political "spillovers" of extreme partisanship can endanger democracy. And she argues that Congress and other policymakers can and should use the Guarantee Clause as a tool to curb extreme partisanship in the interest of democratic values. Shapiro is on Twitter at @cshaplaw.