4min chapter

Amicus With Dahlia Lithwick | Law, justice, and the courts cover image

The Supreme Court Case that Could Upend Democracy

Amicus With Dahlia Lithwick | Law, justice, and the courts

CHAPTER

State Legislatures Are Not Independent Creatures, Just a Function of State Constitution

I wonder if you wouldn't mind talking just for a minute about the ways in which everything we know about the framers and their suspicion of state legislatures means that these ideas would be antithetical. And also maybe just to touch on the notion that state legislatures are not independent creatures. They are a function of state constitution. Yeah. Well, that's an excellent question. But I said there that there is nothing in the text of the constitution at all that suggests such a theory. There is literally nothing in the pre-rattification debates or the post ratification discussions. Or for that matter, anything in the history of the nation from the pre-founding to the ratification of the constitution that

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