Independent Legislative Theory before the Supreme Court
The Supreme Court will decide this Spring in the case Moore v. Harper (21-1271) from North Carolina that could change the way federal elections are conducted in the United States dramatically. The question in the case is, can the legislature of a state dictate the rules and laws for voting in federal election without review from the courts or the executive branch of the state? Even if the rules and laws are partisan and unconstitutional as it applies to the state constitution, as is the situation in this case. The North Carolina Republican Party is using the theory of the Independent State Legislature as a defense for drawing openly stated partisan federal districts. If successful, it would give the legislature of each state the sole responsibility to set guidelines and laws that regulate federal elections. The theory suggests that state legislatures have this sole responsibility because of wording of Article 1 Section 4 Clause 1 of the constitution. It states in part,...