Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Current Events (https://www.askmehelpdesk.com/forumdisplay.php?f=486)
-   -   Moore v Harper SCOTUS blew it (https://www.askmehelpdesk.com/showthread.php?t=850859)

  • Jul 3, 2023, 04:43 AM
    tomder55
    Moore v Harper SCOTUS blew it
    SCOTUS decided the case last week . First referenced here
    Democrats Win Control Of Senate - Page 3 (askmehelpdesk.com)

    It would help if Congress and SCOTUS actually read the Consitution once in a while or take some kind of refresher course.

    SCOTUS ruled 6-3 that state courts can veto state legislature federal election decisions . It takes down the so called “independent state legislature”(ISL) theory. which says that the Constitution delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state courts.

    The thing is that if you read the Constitution the issue isn't even vague or subject to interpretation . State legislatures make the rules . Congress has some role . There is nothing that says courts can change it .

    “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”
    (Article 1 Section 4)

    It is even clearer when electors are chosen in President elections .
    “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress.
    (Article 2 Section 1)

    It doesn't say courts can change it . It doesn't say Governors can change it. It doesn't say Congress can change it .

    What SCOTUS did in this decision is a rewrite of the Constitution by fiat .

  • All times are GMT -7. The time now is 01:34 PM.