Supreme Court rejects 'independent state legislature' theory

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The U.S. Supreme Court ruled against North Carolina Republicans who claimed the legislature has the final say over administering elections.

The U.S. Supreme Court ruled against Republican state legislators in North Carolina who claimed that the Constitution gave them the power to govern elections and draw congressional districts without scrutiny from state courts.

The U.S. Constitution states,"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 [choosing] Senators." "State courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. But federal courts must not abandon their own duty to exercise judicial review.

 

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