[marktwain]

The doctrine is based in part on language in the Constitution that the "times, places and manner" of federal elections "shall be prescribed in each state by the legislature thereof."

It is just in the Constitution, therefore it is a "marginal legal theory"./S

If this is upheld, which it should be, the Alaska ranked choice voting is right out. It was never approved by the legislature.

[Dr. Franklin]

It is just in the Constitution, therefore it is a "marginal legal theory"./S
If this is upheld, which it should be, the Alaska ranked choice voting is right out. It was never approved by the legislature.

It's called "textualism", the theory that the constitution means what it says in plain English, at least at the time it was written. That means removing the ability of judges to add or subtract legal rights by judicial gloss. Anyone who understands that the Anti-Federalists were most concerned about a national court of elitists in Washington, D.C. violating the rights of ordinary Americans, and the destruction of the power of the common law jury to check the judges as in the Zenger case, understands that what the Anti-Federalists feared has come to be.

[nuconvert]

“It is just in the Constitution, therefore it is a “marginal legal theory”

It seems the definition and interpretation of “Legislature” is the problem.
I’ve done a little reading on this in the past couple of days, and it’s not a good thing. Might sound okay to some if the conservatives are in charge of the state, but definitely not when the Liberals are. So best to be against it.
I agree with others that it would be the downfall of our democratic republic.