Posted on Dec 6, 2022
Supreme Court to Hear Arguments on Far-Reaching Elections Case
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This looks like it's going to be a good one to keep up with. "Living Document" or "Originalist Meaning", could change laws and practices all over the country.
SGT James Murphy, CPT Jack Durish,
SPC Gary Welch, SGT Mark Anderson,
CPL Douglas Chrysler, Maj Marty Hogan,
CSM Charles Hayden, SMSgt David A Asbury,
MSgt Robert "Rock" Aldi, SSG William Jones,
SSG Michael Noll, MAJ Dale E. Wilson, Ph.D.
SGM Erik Marquez, CW3 Harvey K.
SFC William Farrell, CPL Ronald Keyes Jr
Sgt (Join to see), SSG (Join to see)
1SG Dan Capri, LTC (Join to see)
SGT James Murphy, CPT Jack Durish,
SPC Gary Welch, SGT Mark Anderson,
CPL Douglas Chrysler, Maj Marty Hogan,
CSM Charles Hayden, SMSgt David A Asbury,
MSgt Robert "Rock" Aldi, SSG William Jones,
SSG Michael Noll, MAJ Dale E. Wilson, Ph.D.
SGM Erik Marquez, CW3 Harvey K.
SFC William Farrell, CPL Ronald Keyes Jr
Sgt (Join to see), SSG (Join to see)
1SG Dan Capri, LTC (Join to see)
Supreme Court to Hear Arguments on Far-Reaching Elections Case
Posted from nytimes.com
Supreme Court
Elections
Law
Posted >1 y ago
Responses: 5
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I hope this one fails.
The idea that State Legislatures are supposed to operate outside the limits of the state Constitution - or even in direct opposition to ballot measures - is absurd.
Yes, the US Constitution trumps state Constitutions. And yes, the US Constitution grants state legislatures the power to control elections. But it does not grant them the power to ignore state courts, state Constitutions, or the people.
Essentially we have two sets of rules, and BOTH apply. State legislature must comply with BOTH Constitutions - because they are constrained by both.
This would be like arguing a state cannot institute an income tax, because the US Constitution already has an income tax. BOTH can be true.
The idea that State Legislatures are supposed to operate outside the limits of the state Constitution - or even in direct opposition to ballot measures - is absurd.
Yes, the US Constitution trumps state Constitutions. And yes, the US Constitution grants state legislatures the power to control elections. But it does not grant them the power to ignore state courts, state Constitutions, or the people.
Essentially we have two sets of rules, and BOTH apply. State legislature must comply with BOTH Constitutions - because they are constrained by both.
This would be like arguing a state cannot institute an income tax, because the US Constitution already has an income tax. BOTH can be true.
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For those who don't have a subscription (SFC Casey O'Mally), this should get you past the paywall:
https://www.nytimes.com/2022/12/06/us/supreme-court-moore-harper-elections.html?unlocked_article_code=xmf-H6_5S-je1CqwBODIxtLACwIV8-ICD_PhU2pQbrOqRzb1erjlJWFqLNh1b5K5nXHab5SJDu7bY7HhxBu_mXFSv_zaP59ANkoWd__mr-bZGjj89HloLUFfADHAERtL0FlWPQXVY8_G4k6UkD2y3g3F9ZvxEym7BoJe23nt3vtDklXS4qE1fH28m84Y9K3zcza98Nk2IMbYEvY9Bgfd4IqqCRGjKEbX_OwN1aHt0KgNoniP3gfI-Y_DRiTlJtvhLZm_u35DiPAgi-1ESjlIz9Nc9eZSksaNnqSwVIP_4E0_OiWjb4OAwk3KbY1euG7Vbc-5yVGwyN_reQZH6Ubb4Z350wbp4hlY&smid=share-url
https://www.nytimes.com/2022/12/06/us/supreme-court-moore-harper-elections.html?unlocked_article_code=xmf-H6_5S-je1CqwBODIxtLACwIV8-ICD_PhU2pQbrOqRzb1erjlJWFqLNh1b5K5nXHab5SJDu7bY7HhxBu_mXFSv_zaP59ANkoWd__mr-bZGjj89HloLUFfADHAERtL0FlWPQXVY8_G4k6UkD2y3g3F9ZvxEym7BoJe23nt3vtDklXS4qE1fH28m84Y9K3zcza98Nk2IMbYEvY9Bgfd4IqqCRGjKEbX_OwN1aHt0KgNoniP3gfI-Y_DRiTlJtvhLZm_u35DiPAgi-1ESjlIz9Nc9eZSksaNnqSwVIP_4E0_OiWjb4OAwk3KbY1euG7Vbc-5yVGwyN_reQZH6Ubb4Z350wbp4hlY&smid=share-url
Supreme Court to Hear Arguments on Far-Reaching Elections Case
In a North Carolina case, the court is being asked to decide whether to drastically expand the authority that state legislatures have over election maps and voting laws.
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