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Debunking the Independent State Legislature Fantasy

Strict Scrutiny

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The Independent State Legislature Theory Is Out There

In the early days of te contry, after the constitute was ratified, lots of state constitutions had provisions that directly regulated federal elections. This is toess that state courts were enforcing them. And then at the end of june, the supreme court will hear a case that will give it the opportunity to fully consider whether to adopt, for the first time, some version of this independent state legislature theory.

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