3min chapter

Strict Scrutiny cover image

Debunking the Independent State Legislature Fantasy

Strict Scrutiny

CHAPTER

The Constitution Doesn't Give State Legislatures the Power to Set Presidential Elections

In this moore case out of north carolina, it matters a lot what the court says about precisely what kind of authority the federal constitution gives state legislatures. The court is probably not going to say presidential electors can be directly selected by state legislatures, because that's not at issue here. But if it talks in particular ways about the unique status of state legislatures, that gives both legal and political cover, i think, to a legislature that wants to do exactly what jamel has just described.

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