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<p>The 16th President looked to the constitutional crises of his time and asked whether the document was created to serve the people or the other way around. Today he might ask the same of the Supreme Court. </p>
<p>The 16th President looked to the constitutional crises of his time and asked whether the document was created to serve the people or the other way around. Today he might ask the same of the Supreme Court. </p>
The Supreme Court will hear a case called Moore v. Harper this term. The case began with a GOP-drawn map that the North Carolina Supreme Court ruled to be unconstitutional back in February. The gerrymandered map in question would have awarded republicans 10 out of 14 electors in an evenly divided popular vote. The little-known theory the case centers around is called the Independent State Legislature Theory. If the court rules in favor, it would give state legislators near-complete power over federal election administration. It could allow states to override hundreds of election rules that we currently rely on for fair and free elections. Like voter registration processes, mail voting, and even the right to a secret ballot. It could allow states to refuse to certify results of presidential elections and handpick their own state electors. Says Dahlia Lithwick, “it’s so arcane, that it’s entirely possible to blink and miss it.”
Remember Dorothy and the Wizard of Oz? In Kansas, like in Colorado, you have to watch the sky for the weather that’s coming. Here in Colorado being in the wrong place at the wrong time.
Judge Jeffrey Sutton argues that state constitutions can serve an important role in carrying out the vision for "laboratories of democracy" and providing nuance that the federal constitution cannot.