Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

msfiddlestix

(8,176 posts)
6. So while we celebrate, we have to gear up significantly for another issue brought up in this article
Mon Feb 22, 2021, 03:11 PM
Feb 2021

The other issue which is being reported on now is how a number of states are attempting to create a "independent" state legislator that would be empowered to choose the election of the President.

Excerpts from the same article in original post:

The “independent state legislature” doctrine, briefly explained
The Pennsylvania cases both involve something known as the “independent state legislature” doctrine, a doctrine that the Supreme Court has repeatedly rejected at multiple points throughout its history, but that is now embraced by at least four members of the Court’s Republican majority.


The Constitution provides that “the Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.” A separate constitutional provision provides that “each State shall appoint” members of the Electoral College “in such Manner as the Legislature thereof may direct.”

Proponents of the independent state legislature doctrine claim that the word “legislature,” when used in this context, must refer to the legislative branch of government within a state — and thus the state’s judiciary and the state’s executive branch are both forbidden to shape the rules governing federal elections within a state. As Justice Neil Gorsuch wrote in an opinion last fall, “the Constitution provides that state legislatures — not federal judges, not state judges, not state governors, not other state officials — bear primary responsibility for setting election rules.”

There are many problems with this interpretation of the Constitution, however. One of them is that the Court has repeatedly rejected the independent state legislature doctrine. For more than a century, the Supreme Court understood the word “legislature,” as it is used in the relevant constitutional provisions, to refer to whatever the valid lawmaking process is within that state. As the Court held most recently in Arizona State Legislature v. Arizona Independent Redistricting Commission (2015), the word “legislature” should be read “in accordance with the State’s prescriptions for lawmaking, which may include the referendum and the Governor’s veto.”



There's much more at this link, very worth the time to read through. I know we need a larger majority in the Senate, but we must begin the process of writing an amendment to the Constitution to do away with the Electoral College, Presidential Elections must be won by majority of the Popular Vote. Period.


Recommendations

0 members have recommended this reply (displayed in chronological order):

Latest Discussions»General Discussion»The Supreme Court hands t...»Reply #6