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Independent State Legislature Theory

5-4

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The Independent State Legislator Theory in the Republican Party

The doctrine has ties to various historical interpretations of the Constitution in these sort of loose ways. The first emergence of the theory in the modern era was in Bush v. Gore. In that case, noted segregationist William Renquist wrote a concurrence joined by Scalia and Clarence Thomas. And that concurrence essentially endorsed the independent state legislature concept.

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