If the USSC rules that administrative agencies can rewrite the laws of their state at will we may as well not have legislatures any longer.
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Agreed. Since Democrats favor such a future the decision by the court should be in Texas’ favor but only by a 6 to 3 vote. Or, more likely by 5 to 4.
If the USSC rules that administrative agencies can rewrite the laws of their state at will we may as well not have legislatures any longer.”
True. But it’s far far worse than that. We will officially have no Constitution.
The Constitution rarely calls out specific branches of state governments for specific purposes. But here is one of them, and I think in the requirement that states have republican forms of government it seems to impose some sort of legislature onto the states.
This is NOT a throwaway requirement in the Constitution, and the writers were fully aware of the ongoing constitutional dilemma of branches of government (and indeed departments) stepping into each other’s prerogatives. This is not a “modern” problem which can only be addressed by a Living Constitution. No. The Founders were well aware of this and they very intentionally said that ONLY STATE LEGISLATURES can make the rules about electors. Period, end of story. There can be no real debate here.
The only choice is The Constitution or to completely ignore it.
I was just listening to Bill the Bloviator O’Reilly. Mr. Know it all says this case is dead on arrival.