The tsunami force of the high court's ruling is expected to affect federal and state elections at all levels.
Pure Integrity Michigan Elections and the Wisconsin Voter Alliance filed a brief with the Supreme Court.
Inherent constitutional questions The independent state legislature doctrine and its meaning in the Elections Clause touch every voter and every branch of government.
If voters approve Promote the Vote, it will amend Michigan's Constitution and hand over authority for our elections to the courts.
"The doctrine can serve the people well or change the course of history and the meaning of democracy to generations to come affecting the integrity of elections and the electors' confidence and acceptance of election outcomes," says the amici brief.
What the Constitution says about who should run our elections The petitioners from N. Carolina are invoking the U.S. Constitution's Elections Clause governing the "Manner of holding Elections for Senators and Representatives ... prescribed ... by the Legislature thereof." U.S. Const.
In a nutshell, the independent state legislature theory holds that the federal Constitution in Article I's Elections Clause and Article II's Presidential Electors Clause give to state legislatures the power to exclusively regulate federal elections, excluding state executive branch and judicial branch officials.
Why now Subsequent to the 2020 elections, courts reined back what they determined were executive branch overreaches.
The current SOS elections manual instructs workers to mark mismatched ballots as challenged and then to process themto count them! MI Governor Gretchen Whitmer vetoed bipartisan legislation that would have prohibited private funding of election administration.
Ripple effects of ruling Who gets to determine a state's presidential electors? Is the governor allowed to veto a duly passed legislative bill on elections? Do courts or governors have any sway over legislative law when it comes to the people's elections? Who dictates the rules for federal elections? The answers are all on the table.
How the court interprets the Elections and Electors clauses in the Constitution could become legal doctrine and "Will either strengthen or weaken our democracy for generations." The rap of Chief Justice John Robert's gavel will part the fog and let the light of the U.S. Constitution shine through.
No comments:
Post a Comment