Posted on 07/04/2022 5:07:08 AM PDT by Oldeconomybuyer
A Supreme Court case that will decide the power state legislatures wield over congressional and presidential elections could have far-reaching implications for American democracy, some voting rights experts said.
The Supreme Court said Thursday it would take up a North Carolina case that centers on whether the state's Republican-led Legislature is the only entity that can set the rules for federal elections.
That argument is often referred to as the independent state legislature doctrine, a legal theory that says only state legislators have the authority to set rules for federal elections. Some conservatives have advanced that position in recent years, pointing to a provision in the U.S. Constitution that says the manner of federal elections “shall be prescribed in each State by the Legislature thereof.”
State courts currently have the power to step in if they determine that state legislatures' election rules violate the state constitution or other laws, making them a powerful check and balance on partisan legislatures. Allies of former President Donald Trump made such claims in disputes over the 2020 election, and while state and federal courts largely shot them down, at least four Supreme Court justices have signaled an interest.
“We think this is a dangerous notion and it would bring chaos to our election laws were it to be upheld," Michael Waldman, president of the Brennan Center for Justice at New York University, told reporters shortly after the court said it would take up the case. "It would be an extraordinary power grab by political actors were it to be upheld, and it would make it much, much harder or impossible for state courts to uphold voting rights, to combat gerrymandering, and otherwise to uphold the rights of citizens in our elections."
(Excerpt) Read more at nbcnews.com ...
It's those darn radical, right wing, extremist nazi conservatives looking to the US Constitution for some
obscure loophole in thwarting superior communist dogma.
Any opinion coming out of new york university will be in support of RAT power.
Looks to me that this particular SC decision will be rendered after the upcoming November elections. Sometime in 2023 I think?
States properly have considerable power given to them by the Constitution. The question is whether the Supreme Court will or will not follow the Constitution. I'm encouraged by recent decisions.
“A Supreme Court case that will decide the power state legislatures wield over congressional and presidential elections could have far-reaching implications for American democracy, some voting rights experts said.”
Far-reaching implications - meaning we will actually abide by what is written in the US Constitution, Article II, Section 1, Paragraph 2?
“Each state shall appoint, in such Manner as the Legislature thereof shall direct, Electors….”
What is there for the SC to decide? State Legislatures have total power over elections. Period.
State Legislatures abdicated their Constitutional duties and allowed a Presidential election to be stolen in broad daylight. Why? Because most Legislators of both parties like the Swamp, and don’t want it to be drained.
President Trump was always an existential threat to the Swamp - but only if he could survive the fake impeachments and win a second term. Once safely re-elected, he would have been free of the political bonds keeping him from draining the Swamp.
They couldn’t let that happen.
...........TRANSLATED “voting rights experts” means a bunch of marxist democrats with AP acting as their media partner.
Controlling State Legislatures is a thing of the past since they lost 1,000 state legislature seats during Obama’s time in office.
As we saw in 2020, the RINO-controlled legislatures of PA, GA, AZ, WI, and MI conspired with Democrats in the Steal.
That darn Constitution.
I’m already reading stories of how mention of ‘state legislatures’ having control of elections, as spelled out in the Constitution, doesn’t actually mean state legislatures. According to the liberals, a ‘state legislature’ actually includes judges, governors and bureucrats (figures like Adams, Jefferson & Franklin being too stupid to spell out what they meant).
As long as state judiciaries have the power of judicial review (they do, and it’s not going away), legislative actions will be subject to that review.
No power is unrestricted, most state constitutions direct that legislative acts are subject to a Governor’s veto. Those same constitutions may further restrict or mandate how a legislature acts.
Other provisions of the U.S constitution may also apply, which can bring in federal courts.
“Some conservatives have advanced that position in recent years, pointing to a provision in the U.S. Constitution that says the manner of federal elections “shall be prescribed in each State by the Legislature thereof.””
Can anything be said clearer than that?
“Experts” in Marxism
Hey Jane, Stupid, you Leftists have already created election chaos Dumb-dumb.
What the hell was the last “election” if not total chaos? They had to legalize drugs to convince voters that a senile old man and his non-Native American Indian sidekick got “81 million votes.” Now that’s what I call chaos.
Oh goody, another “experts say” story.
You can almost cut the fear with a knife. The Constitution is fairly clear on this. Courts, absent delegation of such authority by the State Legislature, have no role in setting districts or voting procedures. None, zero, Butkus.
They know it and they know that their party could now officially be over. I wonder when this draft opinion will be leaked.
“As long as state judiciaries have the power of judicial review - they do..”
True - that is a problem - but only because state judiciaries abuse their power, ignoring the Constitution.
We need to re-educate and remind our citizenry that this is a Constitutional Republic, not a Democracy. That single piece of misinformation, deliberately foisted upon our citizens by Marxists, has done unthinkable damage to our way of life.
Strict adherence to the Constitution is the bedrock of the Republic, yet it hardly comes up in political debate, and when it does, its advocates are treated like “grammar police” or “mansplainers” - referencing dusty, out-of date documents written by malcontent slave-owners.
Wrong. There are also federal courts that are not the Supreme Court.
The courts don’t have the power, they usurped the power.
The USSC only needs require that the Constitutional provisions be adhered to and the states decide how elections are managed. The left maintains that following the Constitution is unconstitutional.
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