Document Type
Article
Publication Date
2015
Publication Title
Northwestern University Law Review Online
Publication Title (Abbreviation)
Nw. U. L. Rev. Online
Volume
109
Issue
3
First Page
131
Last Page
151
Abstract
Many states have delegated substantial authority to regulate federal elections to entities other than their institutional legislatures, such as independent redistricting commissions empowered to determine the boundaries of congressional districts. Article I’s Elections Clause and Article II’s Presidential Electors Clause, however, confer authority to regulate federal elections specifically upon State “legislatures,” rather than granting it to States as a whole. An intratextual analysis of the Constitution reveals that the term “legislature” is best understood as referring solely to the entity within each state comprised of representatives that has the general authority to pass laws. Thus, state constitutional provisions or laws creating independent redistricting commissions that purport to limit a state legislature’s power to draw congressional districts or otherwise regulate federal elections violate the Elections Clause.
Rights
© 2015 Michael Morley.
Faculty Biography
https://law.fsu.edu/faculty-staff/michael-morley
Recommended Citation
Michael T. Morley,
The Intratextual Independent "Legislature" and the Elections Clause, 109
Nw. U. L. Rev. Online
131
(2015),
Available at: https://ir.law.fsu.edu/articles/618
Comments
Originally published in Northwestern University Law Review Online.