Monday, October 3, 2022

Do elections matter?

One question on this year's Supreme Court docket is: do state elections mater in Presidential Elections. This is the literal question being debated at the Supreme Court this year.

The idea backed by conservatives is called the "Independent State Legislature" theory and is based on an article (2.2.1?) in the Constitution that states:

Each State shall appoint, in such Manner as the Legislature thereof may direct, 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, ...

Up until this court, this section has been ruled to means only that State Legislatures could set election rules, but they electors had to represent the state's voters. This Supreme Court is taking that question on this term. To get a vetting at the Supreme Court means that at least 4 of the justices have decided the case has merit. 

Because all rulings in lower courts and state supreme courts have supported the current system, for the Supreme Court to consider it, you must have at least 4 of the nine judstices support it going to the Supreme Court. That means at least 4 of these 9 judges think they might overturn the current system and allow the state legislatures to send any electors they want to vote for President, no matter what the vote. Or even cancel the Presidential part of the election.



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