Page 49 - State Constitutions News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Open to it, the three you mentioned in the middle. they're here entertaining this idea and it's known as the independent state legislature theory which is sort of hard on our audience's ears. it goes to the checks and balances as kagan state about whether state courts interpreting state constitutions will be able to ensure protections for voters in the face of legislative restrictions. i think we are going to see some ruling that pulls back on the authority of state judges in some way. i don't think that there's a majority to go as far as those on the right want to go to remove state judges fr...

Dangerous it would be to have an feathered legislative control over elections. and to allow legislatures to ignore state constitutions. we have state constitutions of this country not in north carolina that require independent reader certain commissions. that it had referendums where the people -- we discerning to go. the justices understand that if they rule with the north carolina legislature, all of that will go away. they also understand if they rule for the north carolina legislature, they're gonna get a lot more election law cases of the supreme court. >> pretty sobering topic we're disc...

It's so fringe it might as well be homemade and you could put a planted and hang it. it's so off the wall. it stems from the bush case bush v. gore and -- he stated in that concurrence this idea that the elections clause of article one of the constitution which prescribes that state legislatures shall set the time, place, and manner of federal elections that gives virtually unbridled authority to state legislatures to set the terms of federal elections in their state. that has never been the view that has been used in this country. everyone has always understood that the legislature is a creat...

Say that the court did not have any idea when the state, to put that standard might be, and frankly, neither the advocates. there did seem to be a consensus in the courtroom, though, that the standard adopted by the court would have to be highly deferential. highly deferential to the state supreme courts, and to their interpretations off their own state constitutions. i believe, ali, under any standard adopted, the court will affirm the decision of the north carolina supreme court, as i've said, if for no other reason than that the north carolina legislature legislated judicial review of its r...

Responses arguments, ali, is that the state legislature are creatures of the state constitutions. therefore, the federal constitution in the elections clause takes the state legislatures as it finds them, namely, as bound by the state constitutions. so, that is how the respondents square the arguments. frankly, that is how i square the argument myself as well. >> so, what happens here? it seems to get, when i hear you talk about this, point obvious. it seems when i listened to kneel come to yell or others, quite obvious. and yet, the supreme court is considering this. there are three justices ...