The Meaning of Legislative Power

Joel Greenfield: Is Justice Thomas saying that the word legislature must have only meant legislature and not more or they would have used a different word? And is that the case despite the fact that all the practice when the Constitution was ratified as the majority points out was to the contrary? The argument for the theory that Justice Thomas embraced in his dissent includes, for example, where does the state legislature get the authority to draw congressional districts, for example? Not from their state constitutions, but from the federal constitution. greenfield: I think it's a more complicated argument than just the term legislature is clear and then nothing else kind of matters.

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