Part IV Section 4 in Theory, 13 Section 4 and Constitutional Law
Brian C. Kalt
Dealing with Section 4 differs greatly from the usual enterprise of constitutional law. First, Section 4 has never been used. Second, if it is ever used and questions arise, the answers will likely come from politicians, not a court. Third, Section 4 is about procedure, not the structure or powers of government or individual rights. Fourth, Section 4 offers some interesting twists on old debates about the use of history in constitutional reasoning. This chapter analyses Section 4 within the larger framework of debates about the best ways to approach constitutional law. In particular, it is much more sensible to analyze Section 4 in terms of the framer’s original understandings and original intentions that it is when interpreting other parts of the Constitution.