Read about a case filed yesterday challenging the new congressional district lines of NC and the implication of Doctrine Independent State Legislature.
Did you know the supreme court has agreed to hear the case related to Independent State Legislature(ISL) doctrine in the United States? The ISL gave rights to each state legislature to decide on the manner, place, and time of the election.
However, the new congressional district lines became controversial as they may impact the number of votes a candidate gets. Other state legislatures may come up with new congressional district lines if implemented. Let’s check about Doctrine Independent State Legislature.
State Legislature Theory Case:
On 30th June 2022, the supreme court agreed to hear the Moore v. Harper case challenging the North Carolina legislature drawing the new congressional district lines. The case is pursuing the supreme court to restrain the new congressional district lines drawn.
The case is difficult because the federal constitution provisions the state legislature on various factors related to federal elections without any interference from other state’s officials and the state’s constitution. In 2020, Brett Kavanaugh, Clarence Thomas, Neil Gorsuch, and Samuel Alito indicated that they would adopt the theory and its consequences.
Independent State Legislature Theory doctrine:
The Independent State Legislature doctrine gives the authority to the state legislature to decide various factors of presidential and congressional elections. The North Carolina state legislature came up with a new map that is treated against the election law that had been followed for over 200 years.
History of Independent State Legislature doctrine:
The Independent State Legislature doctrine was invoked in Bush v. Gore in 2000 handed the victory of the 2000 elections to Bush v. Gore. During the 2020 presidential elections, Trump supporters advocated invoking the ISL to declassify voters from the state of Arizona. However, the attempt to invoke the ISL was unsuccessful.
Doctrine Independent State Legislature odds:
However, years of research and historical data that emerged had brought the odds of ISL theory. The indication by the justice in 2020 means that they also meant people to adopt the theory. Justice Barrett did not give any opinion on the ISL and the filed case. Everyone is looking forward to hearing what Justice Barrett says on this.
Any changes to ISL are highly sensitive as they may disrupt the whole process of federal elections. Even the governors do not have the rights or the powers to veto the Doctrine Independent State Legislature and the state laws concerning elections, nor by any means such as by ballot initiative or by citizens. Please note that all the data is written from the sources, we are not in favor or against anyone.
Conclusion:
The judgment on ISL will have nationwide implications and specifically on federal elections. Though the Article I of the ISL gives exclusive powers to the state legislature, it has a wider scope as some of the provisions in ISL state that if the state legislature had failed to address an issue, it could not delegate powers to other federal agencies, election officers, court for implementing election laws.
Was the review of ISL informative? Please comment below on this article related to Doctrine Independent State Legislature.
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