The Independent State Legislature Theory

[Yttrium]

I was reading about a filing North Carolina made recently to the Supreme Court. See here:

North Carolina Republicans Ask SCOTUS To Cripple Voting Rights in Every State (msn.com)

North Carolina would like the Supreme Court to enact the "Independent State Legislature" theory, which would effectively take the state courts out of the election process. The state legislatures would be able to do anything they want with the election, even if it violates their own state constitutions. The idea being that the US Constitution grants the state legislatures the right to select electors any way they want, and the US Constitution trumps the state constitutions.

Personally, I think this is a fatally flawed idea. The election provisions in the state constitutions are ultimately there because of the state legislatures. The legislatures either crafted the provisions themselves, or enabled the provisions to be made. If they want to change those provisions, then they can work to change their constitutions, and not try to bypass them.

I don't think there are enough SCOTUS justices who sympathize with this, so I think the Supreme Court will throw it out.

 

[rambot]

Anytime election results can be dismissed it's hard to get behind...you would think

 

[A_Thinker]

I was reading about a filing North Carolina made recently to the Supreme Court. See here:

North Carolina Republicans Ask SCOTUS To Cripple Voting Rights in Every State (msn.com)

North Carolina would like the Supreme Court to enact the "Independent State Legislature" theory, which would effectively take the state courts out of the election process. The state legislatures would be able to do anything they want with the election, even if it violates their own state constitutions. The idea being that the US Constitution grants the state legislatures the right to select electors any way they want, and the US Constitution trumps the state constitutions.

Personally, I think this is a fatally flawed idea. The election provisions in the state constitutions are ultimately there because of the state legislatures. The legislatures either crafted the provisions themselves, or enabled the provisions to be made. If they want to change those provisions, then they can work to change their constitutions, and not try to bypass them.

I don't think there are enough SCOTUS justices who sympathize with this, so I think the Supreme Court will throw it out.

I feel another Civics lesson coming on ...

 

[SkyWriting]

I was reading about a filing North Carolina made recently to the Supreme Court. See here:

North Carolina Republicans Ask SCOTUS To Cripple Voting Rights in Every State (msn.com)

North Carolina would like the Supreme Court to enact the "Independent State Legislature" theory, which would effectively take the state courts out of the election process. The state legislatures would be able to do anything they want with the election, even if it violates their own state constitutions. The idea being that the US Constitution grants the state legislatures the right to select electors any way they want, and the US Constitution trumps the state constitutions.

Personally, I think this is a fatally flawed idea. The election provisions in the state constitutions are ultimately there because of the state legislatures. The legislatures either crafted the provisions themselves, or enabled the provisions to be made. If they want to change those provisions, then they can work to change their constitutions, and not try to bypass them.

I don't think there are enough SCOTUS justices who sympathize with this, so I think the Supreme Court will throw it out.

Prophesy is fickle.