Elections Clause News

politics4 hours ago•11 min saved

Constitutional guardrails curb Trump’s push to nationalize elections

Trump’s call for Republicans to “take over” or “nationalize” voting would clash with the Constitution’s Elections Clause, which assigns states—via their legislatures—the power to run elections, while Congress can set nationwide standards. Experts say a federal takeover would require new legislation and is unlikely, given the decentralized system that helps deter fraud and logistical chaos. The White House tied his remarks to the SAVE Act, but past moves to federalize voting—including 2020 executive orders and the Help America Vote Act of 2002—have faced legal challenges. The article frames the situation as a critical test of federalism and democratic norms.

via CNN|

#elections #elections-clause #federalism

politics2 years ago•5 min saved

Supreme Court Rejects Controversial Election Theories in Major Rulings.

The Supreme Court rejected the "independent state legislative theory," which would have given state lawmakers unchecked power to set federal election rules and draw voting lines. The court ruled that state courts retain the authority to apply state constitutional restraints when legislatures act under the power conferred upon them by the Elections Clause. The decision is a major victory for voting rights advocates who feared that the theory would weaken the foundation of democracy and make it easier for rogue legislators to enact policies that suppress voters and subvert elections without adequate oversight from state courts. The case, known as Moore v. Harper, arose from a dispute in North Carolina over the redrawing of congressional maps by state Republican legislative leaders after the 2020 Census.

via CBS News|

#elections-clause #north-carolina #politics

politics2 years ago•1 min saved

Supreme Court Upholds State Laws and Rejects Election Transformation Theories

The Supreme Court rejected a broad interpretation of the "independent state legislature" theory, which contends that state legislators alone have the power to govern federal elections unencumbered by traditional oversight from state constitutions, courts, and governors. The case involved a dispute over a North Carolina congressional map that was gerrymandered by Republican lawmakers. Chief Justice John Roberts wrote that the Elections Clause "does not insulate state legislatures from the ordinary exercise of state judicial review." Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito dissented.

via WLS-TV|

#elections-clause #gerrymandering #north-carolina

politics2 years ago•1 min saved

Supreme Court affirms NC ruling on illegal congressional districts.

The Supreme Court rejected a broad interpretation of the "independent state legislature" theory, which contends that state legislators alone have the power to govern federal elections unencumbered by traditional oversight from state constitutions, courts, and governors. The case involved a dispute over a North Carolina congressional map that was gerrymandered by Republican lawmakers. Chief Justice John Roberts wrote that the Elections Clause "does not insulate state legislatures from the ordinary exercise of state judicial review." Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito dissented.

via WABC-TV|

#elections-clause #gerrymandering #north-carolina