Scholarship@WashULaw
The Fifteenth Amendment and the Independent State Legislature Theory
Document Type
Blog Posting
Publication Date
2022
Publication Title
Election Law Blog
Abstract
The Supreme Court recently heard oral argument in Moore v. Harper, which concerns the definition of “legislature” in Article I’s Elections Clause and the so-called independent state legislature theory (ISLT). A core dispute in the case is whether—and to what extent—state constitutions can restrain state legislatures’ regulation of federal elections. Accordingly, the parties and the Justices deliberated over historical examples of state legislatures regulating federal elections. However, this discussion overlooked an important historical episode concerning the analogous power of “legislatures” exercising ratification authority under Article V.
Keywords
Fifteenth Amendment, Independent State Legislature Theory, Constitutional Law
Publication Citation
Travis Crum, The Fifteenth Amendment and the Independent State Legislature Theory, Election Law Blog (Dec. 8, 2022, 10:29 AM)
Repository Citation
Crum, Travis, "The Fifteenth Amendment and the Independent State Legislature Theory" (2022). Scholarship@WashULaw. 60.
https://openscholarship.wustl.edu/law_scholarship/60