Power to make the laws and a provision that is at issue. I think its important to come want to get to the language of the smiley which my friend embraces i would like it to because as i read those two cases that dont help you very much. I mean hildebrant stock about a particular statute was passed in 1911. It helps the government with its statutory argument because at different statute isnt similar words but we dont know if it was with the same intent. Smiley talks about a sitting legislature and asks whether its exercise of the map drawing power as a legislative exercise or say, more like an impeachment exercise. It doesnt talk about what is at issue here where you people outside that building making a legislative decision. So i didnt see those two cases as helping you that much though please argue to the contrary. But i think the great open question here is what happens when legislative power, over time, expands from a group of people sitting in the state capital to those people plus
Thank you, i yield back, thank you. Gentleman from georgia is recognizes. Thank you, mr. Chairman to the witnesses being here today, i appreciate you being here. I dont know when in my lifetime ive been more concerned about the internal security of america, not just from our safety and security, but our economic security. And on several fronts for different reasons. One of the things that i know has been spoken about here and at other times is the threat of isis. As not only being what i understand the most well funded the best organized terrorist organization in the history. But also there ability to effectively use the internet and social media. Theres one thing to use social media. Those of us engaged in politics, we spend a lot of time studying the effective use of social media. How do you come up and stand out amongst billions of users across the world . And it appears that isis is doing a very good job. Theyre effectively marketing to our youth which is especially concerning to m
Legislative power that is addressed in article section 1 from the election of senators in article 1 section 3. And again in smiley that made clear that the meaning, as this court reiterated just last week in yates, that the meaning of a term in an enactment may differ depending on the function that the term is serving. Now youre going to the statute. But just under the constitution youre saying the legislature in the first article of section 3, the now repealed section that talks about choosing senators means Something Different than it means in the following section. As this court explained in smith versus hawk, which was an article 5 question of the meaning of the word legislature for purposes of ratification. In smith versus hawk, this court said that in the article 1 section 3 election of senators by the legislature and in article 5 the ratification power, what was at issue was a power that is the power to elect and the power to ratify that specifically comported with the elected r
Very clear in smiley and in hillenbrand that were defining legislature in this clause as meaning legislative process. With all due respect i disagree. This court heard the argument in the briefs in smiley, and one side was saying just that. One side was saying Legislature Just means the legislative process in the state, whatever that is. The other side said no, it means the representative body of the people. And this court said, well, actually we dont have to decide that dispute but we certainly agreed that it means the representative body of the people just as we said five years earlier in the hawk case. So what the court says is first the delegee is clearly the legislature. The representative body of the people. But that brings you then to the second question, which is what kind of authority is delegated to the state legislatures . And the authority thats granted under the elections clause is a lawmaking authority so, that means that the state legislature has tone gauge in lawmaking
Legislature can do, which Means Congress can also give this power to the commission. The only difference between my friends scenario and mine is that in my friends scenario the state legislature would retain the authority to override what the commission has done but that is always the consequence of state legislation over federal legislation. Its not something that a state legislature can override and it is simply a consequence of congress superseding authority and congress authority under the elections clause. Scalia the second clause is being used to revise the first clause. That is what we are talking about. The second clause can congress can do something on its own. But can congress use the second clause to revise what the first clause says . Feigin one thing i want to emphasize is i think the court settle this issue in hildebrandt when it said it was simply doing something that the constitution expressly gave the right to do. I dont think the right way to think about this is congr