Thus, twenty years ago Groundswell unsuccessfully sought to introduce the Guaranty Clause. It now may be appropriate for non-class constituents, seeking freedom from long pending state and federal actions against their school districts, to include it with other grounds for termination. This would be consonant with the apparent willingness of the Supreme Court to revisit decisions deterring use of certain provisions of the Constitution, such as the “privileges and immunities clause” of the 14th Amendment. See Saenz v. Roe, 119 S.Ct. 1518 (1999).

Justice Harlan did not let an adverse ruling to its use in Luther v. Borden (1849), 48 U.S. (7 Howard) 1, deter him only forty-seven years later from a return to the Constitution to invoke the Guaranty Clause, which provides in Section 4, Article IV:

The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the Legislature, or of the executive (when the Legislature cannot be convened) against domestic violence.