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Doctrine Touting State Legislature Supremacy
in Elections Administration Gains Traction
in Court Cases

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Posted By: earlybird, 2/21/2022 2:03:46 PM

A constitutional doctrine resuscitated during legal challenges before the U.S. Supreme Court in the wake of Florida’s disputed 2000 election is finding traction in post-2020 election integrity lawsuits. Proponents are espousing “Independent State Legislatures Doctrine” in legal arguments seeking to cuff state courts from “acting like ‘super legislators’” and assert state legislatures’ right as “necessary parties” in election-related lawsuits. “It comes back to a very basic textural reading of the Constitution that vests the ability to regulate elections to state legislatures,” said Jason Snead, executive director of Honest Elections Project (HEP),(snip) The doctrine is rooted in parts of two articles of the U.S. Constitution.

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Reply 1 - Posted by: WhamDBambam 2/21/2022 3:21:35 PM (No. 1078630)
We have GOT to get the courts out of our elections.
11 people like this.

Reply 2 - Posted by: sw penn 2/21/2022 4:02:22 PM (No. 1078648)
“The founding generation’s original understanding of Article II did not include special solicitude toward state legislatures. " Prove it. The state governments were suppose to be the "Government". The federal government was suppose to be small and remote. Certainly not in everything from your refrigerator, to your potty. The popular election of Senators was and remains a mistake. It has been incredibly damaging to states rights. "Moreover, the doctrine’s actual origins in the Civil War Era" The doctrine did not originate in the Civil War Era, it was always in the Constitution. The Civil War just exposed it's edges. "and its subsequent history reveal it has never been anything but a trifle which politicians and courts call upon to lend legal weight to sentiments otherwise unrecognized by law," If it is in the Constitution, it is Law. Arguments for the house of cards called "Precedence", are arguments for no Constitution at all. Manipulators have managed to concentrate power in Federal. The article warns of further concentration of power in (Federal) Judiciary. Concentrated power is always bad.
15 people like this.

Reply 3 - Posted by: MDConservative 2/21/2022 5:22:07 PM (No. 1078737)
Any power will wither and eventually extinguish if not used. State legislatures are largely amateur hour operations, with part-time citizen members led by sharp guys playing their games in the cloakrooms. They're not looking for trouble, and the 2020 election clearly proves that. Six states with REPUBLICAN legislatures confirmed Biden electors with no no more than, and generally much less than even a cursory review of the Presidential results and the voting processes employed. SIX states has results that were statistically very suspect. REPUBLICANS failed in their duty under this theory. Not one but SIX election "upsets" led to the selection of Joe Biden - or, more accurately, to the defeat of PDT...the UNIPARTY'S ultimate goal. #1 - If you want to courts OUT of Presidential elections, then ask PDT what the hell Giuliani, Powell and Woods were doing, apparently in league with PDT, threatening to unleash some still-unseen Kraken. And why do people still insist that the courts let PDT down? A Federal judge in Wisconsin, a Trump appointee, clearly explained their relief route was through the legislature, not the courts. Did PDT go to any of the SIX REPUBLICAN legislatures and demand to be heard, to lay out his case to those with the power to act? I missed all that, if he did. Had those six states, or even a few delayed confirmation of electors, things would have been different. None did. Unused power...perhaps intentionally unused.
3 people like this.

Reply 4 - Posted by: Rich323 2/21/2022 5:31:46 PM (No. 1078749)
I thought Giuliani, Powell and Woods did road shows in Arizona, Pennsylvania and Georgia.
1 person likes this.

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