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Independent State Legislature Theory
5-4
The Equal Protection Clause in the Voting Context?
The Supreme Court has given a green light to the independent state legislature theory. It is very clear that this theory would allow states to sort of lay the groundwork to undermine the results of any given presidential election. The equal protection clause was literally used to hand an election to Bush. That was the last time equal protection has had like a major say in a presidential election.
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