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Turning Fan Fiction Into Reality

Strict Scrutiny

00:00

The Independent State Legislature Thingamajig Theory Fanfic Is Also Totally Baseless

There is no evidence that people understood the constitution to prohibit other state offices from setting rules regarding federal elections. Legislatures are not some sort of pre-constitutional entity that just exists and precedes the formation of the state. Their power comes from the people in these state constitutions, he says. "The punch line is basically originalism bitches, right? Like, watch us do it and see if you care"

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