I stopped reading at this point. “Central to the petitioners’ argument is the so-called “independent state legislature” theory — a fringe legal concept pushed by a small group of conservative advocates that would give state legislatures broad authority to run federal elections without the traditional oversight from a state constitution or judiciary, whom these advocates argue have no right to intrude on elected representatives.”
There’s nothing “fringe” about the US Constitution.
“There’s nothing “fringe” about the US Constitution.”
Totally Agree
It is fringe to allow the state judiciary to overrule the state legislature.
“independent state legislature” theory — a fringe legal concept pushed by a small group of conservative advocates that would give state legislatures broad authority to run federal elections without the traditional oversight from a state constitution or judiciary, whom these advocates argue have no right to intrude on elected representatives.”
A ‘fringe legal concept’ that is explicitly stated in the U.S. Constitution, which says that state legislatures make the rules. No mention of courts running elections in the Constitution.
Behold the exoneration of Donald Trump. Apparently his “plot” was to invoke a section of the Constitution, could someone please inform Ms. Cheney?
The Elections Clause reads, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing [choosing] Senators.”
The Electors Clause states that “each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”
The Electors Clause was central to the unsuccessful plot by former President Donald Trump and his allies to use “fake electors” to overturn his 2020 loss to President Joe Biden.
Would this concept extend to only the legislature having the right to set congressional district boundaries without oversight by the judiciary or state constitution?
New Mexico is in the midst of this type of conflict. The far-left Democratic legislature this past winter redistricted the state's three congressional districts so the all three are now Democratic majority. Rural, less populated conservative areas are now lumped with the large very liberal Albuquerque metro area. NM-2 (historically a rural farming/ranching area along the southern state border but now with a large population supporting oil and natural gas production) has been cut so that the northern part of Lea County in SE NM (the #1 oil producing county in the US) has been joined both with Santa Fe and its radical enviro-nazi progressives and the Navajo Indian reservation adjoining Colorado and the northeast Arizona border.
Under the concept presented above, we would have no recourse to the draconian map drawn by a radical majority.