
<p>There is not much that the left abhors more than the Supreme Court doing its job of interpreting the meaning of the Constitution. ; They especially hate if the justices actually make decisions based on what the Constitution says. ; ;</p>



<p>The newest issue to get the left’s feathers ruffled is whether state legislatures are empowered by the Constitution to make rules governing elections in their respective states – including how presidential electors are chosen – without review by the state supreme courts.</p>



<p>The issue in <em>Moore v. Harper</em> is whether a state supreme court can overrule election regulations established by the state legislature – or is it left up to the legislature … period. ; That includes redistricting.</p>



<p>Before getting into the issue, we should do something no news outlet seems to do. ; Tell the public exactly what the Constitution says on that matter. ; So here it is.</p>



<p><em>“</em><strong><em>The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof</em></strong><em>; but the </em><strong><em>Congress</em></strong><em> may at any time by Law make or alter such Regulations …”</em></p>



<p>When it comes to the electors who form the Electoral College – and will vote to choose the President and Vice President of the United States &#8212; here is what the Constitution says.</p>



<p><em>“Each State shall </em><strong><em>appoint,</em></strong><em> in such Manner </em><strong><em>as the Legislature thereof may direct</em></strong><em>, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”</em></p>



<p>The Constitution clearly gives the state legislatures the unique and exclusive power to regulate elections and “appoint” electors. ; The only limitation is that their electors cannot be stakeholders.</p>



<p>The language of the Constitution seems to support the “independent state legislature theory” – that state supreme courts are not empowered to interfere. ; Only Congress can. ; ;</p>



<p>That is what has the left going bonkers. ; If there are two threads that run through the liberal fabric, they are that Washington should be the supreme power – with states and cities as compliant – and that the actual wording of the Constitution is not to be taken seriously.</p>



<p>BUT … the Constitution does give Congress the power to alter regulations by the state. ; It does not give that power to the state supreme courts, however – although state courts have exercised such power in the past. ; ;</p>



<p><em>Moore v. Harper</em> is asking the Supreme Court to determine if the state courts have been operating outside of the Constitution by usurping the powers exclusively granted to the state legislature &#8212; or if there is some other interpretation of the Constitution that allows that power. ; And whether the only counterbalance to ANY election regulation by a state legislature – including “time, places and manner of holding elections” – and that includes redistricting – is the Congress.</p>



<p>The Supreme Court can step in whenever state election laws are deemed to violate other provisions of the Constitution. ; We have seen that, most notably in the area of civil rights. ; In that same context, we have seen Congress use its authority to step in and supersede state election laws – again, most notably regarding civil rights.</p>



<p>In this issue – like so many others – Democrats and their media allies have created an artificial scaremongering narrative in the tradition of Chicken little – that the sky is falling on the American democracy. ; In fact, they claim that IF the high Court upholds the Independent State Legislature Theory, it will be the end of democracy. ; (The same bogus claim they have been peddling over the Capitol Hill riot and the election of Republicans to public office. ; In a change of metaphor, they are crying wolf much too often.) ;</p>



<p>The left’s claim that empowering state legislatures end democracy is prima facie silly. ; State legislatures are also democratic institutions – and because they are closer to the people, they operate in a more representative (democratic) fashion than do the governing institutions in Washington. ; It can be fairly argued that the Independent State Legislature Theory gives the people more power – and is therefore more democratic.</p>



<p>The left claims that to exclude the state supreme courts from oversight violates the balance-of-power between the branches. ; Fact check. ; The balance-of-power is a FEDERAL provision. ; It does not apply to the states. ; It may be a good idea, but it is not a Constitutional matter.</p>



<p>Finally, as this issue gets debated and hyperventilated in the next year, keep in mind that the <em>Moore v. Harper</em> case only applies to FEDERAL elections – meaning the Presidency, the U.S. Senate and the U.S. House.  ; State and local election rules and regulations remain under the authority of the states – and assumedly under the authority of state supreme courts.</p>



<p>As in the Democrats’ bogus Russian Collusion conspiracy theory, the Insurrection/Ongoing Coup Attempt conspiracy theory, we will be entertained for the next year by their latest – the State Legislatures are a Threat to Democracy conspiracy theory.</p>



<p>My guess is that the Supreme Court will decide against the Independent Legislature Theory, but that does not mean the proponents do not have a valid argument if you read the Constitution. ; If the Court were to decide that the Theory is consistent with the Constitution, as written, I would bet there would be a future Amendment. ; Remember, in the original Constitution, the state legislatures picked the U.S. senators from their respective states. ; That was changed by the Seventeenth Amendment in 1911.</p>



<p>Stay calm and fear not! ; No matter what the Supreme Court decides on <em>Moore v. Harper, </em>the Republic and American democracy is not at risk. ; The only thing to fear is fearmongering, itself.</p>



<p>So, there ‘tis.</p>

Supreme Court ruffled on State election regulation … so prepare for more fearmongering
