
SCOTUS Nixes Souped-Up Independent State Legislature Theory
Cato Podcast
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The Independent State Legislative Theory
The most plausible version of the independent state legislature theory starts with the wording of the elections clause. The argument is they were trying to make a distinction there in which the state legislature was being given an unusual amount of power more than it would in an ordinary state situation. It's not completely crazy to think that maybe the state legislature is being given a special power there if it isn't part of the regular legislative power, he says.
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