4min chapter

Strict Scrutiny cover image

All I Want For Christmas Is Democracy

Strict Scrutiny

CHAPTER

The Elections Clause Disables State Courts From Interpreting State Constitutions

The justices seem to have a hard time with such a broad view of things i think that's totally right the first argument does not have a lot of support so when we're talking about counting to four and where does the fifth come from i actually don't think that's true as to this maximalist version of the theory. The court has previously allowed things like gubernatorial vetoes in the context of state regulation of federal elections and if it's okay for a state legislative process to include the participation of a governor it's really hard to see how it is categorically impermissible for courts to have any role at all, he says.

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