The Independent State Legislature Theory Explained
November 2022 – On December 7, 2022, the U.S. Supreme Court will hear oral arguments in Moore vs. Harper, a case that has serious implications for democracy in the United States. On the surface, the case deals with gerrymandered maps in North Carolina. However, the underlying issue is the status the Independent State Legislature Theory, a dubious interpretation of the Constitution that grants almost absolute power to state legislative bodies. This month, Critical Considerations offers two articles from the Brennan Center that provide some background and context: The ‘Independent State Legislature Theory,’ Explained and Moore v. Harper, Explained.
The theory is a part of the “Republican blueprint to steal the 2024 election.” J. Michael Luttig
The Brennan Center for Justice is an independent, nonpartisan law and policy organization that works to reform, revitalize, and when necessary, defend our country’s systems of democracy and justice.
The Next Phase in the Voting Wars
October 2022 – With the 2022 midterm elections just around the corner, we share an article that examines the challenges surrounding the election process in the United States today. In Election deniers and defenders poised for next phase in voting wars, Steven Rosenfeld describes the dynamics at work and warns that the inability of the losing side to accept the results of an election constitutes a serious threat to democracy. The 2022 midterm elections may well test if the system can hold.
“We will soon find out if American democracy is robust enough.” Sue Halpern
The author, Steven Rosenfeld, is editor, chief correspondent and senior writing fellow for Voting Booth, a project of the Independent Media Institute. He has also reported for National Public Radio, Marketplace, Christian Science Monitor Radio, Salon, AlterNet and the American Prospect.