SCOTUS next year
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Hay, @jon-nyc , can I borrow some popcorn?
Article I Section 4:
"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 Senators."
“It is really a grave danger to American democracy to say that state legislatures are free from state constitutions to do whatever they want,” says [Vikram] Amar, who co-wrote an article for the Supreme Court Review at the University of Chicago about how the theory goes against an originalist understanding of the U.S. Constitution. “State constitutions are an important source of American democracy, limits and rights. And I think it would be terrible if the U.S. Supreme Court distorted federalism to reject that very important premise.”…
“The legislatures are created by constitutions. Their powers are defined by constitutions. The way those powers interact with other branches of state government is defined by state constitutions. Limitations on those powers are defined by state constitutions,” says [Carolyn] Shapiro, who wrote an upcoming article on the theory’s origins and implications for The University of Chicago Law Review. “The idea that there’s some kind of legislative power that is separate and apart from the ordinary constitutional limitations is really quite remarkable and lawless.”
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Direct outgrowth of the last presidential election?
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Any orders by governors concerning elections laws? Unconstitutional. Any agreements entered into by secretaries of state? Unconstitutional.
So...some of the stuff from 2020 will not fly next time...
