Do State Legislature’s have the Sole Authority to Create Rules Considering Federal and State Elections?
The U.S Supreme Court will soon hear
North Carolina Supreme Court v the North Carolina General Assembly, case related to
Article 2, Section 2-5 of the constitution. The question before the high court is a constitutional matter, related to the State of North Carolina. The general assembly has alleged that the State Court superseded its authority by nullifying the legislature's decision on redistricting based upon future, federal and state districts, per the 2020 Federal Census.
The U.S Constitution specifically gives full authority to the numerous State Legislatures, the very bodies to whom directly represent American Citizens of the several State Republics. The only delegated power given to Congress, is to ensure the proper process is being followed within all Fifty (50) States. Each state has the sovereign right to adopt their own election laws, rules, and procedures regarding time, place, and manner.
The argument being stated in
Supreme Court Case #21-1271 is a pending controversy between the North Carolina Supreme Court and the North Carolina General Assembly. The court overruled, or "nullified" the legislature's facts, findings, and decision on how to align the state, by means of redistricting. The North Carolina General Assembly states that it waited for more than twelve months in obtaining the 2020 U.S Census. Then per the state constitution, held public hearings, allowing all citizens of the state to participate in redrawing their district boundaries, while debating various proposals from the redistricting committee.
A D V E R T I S E M E N T
A D V E R T I S E M E N T
Article 2, Section 1 lays out the entire process of how federal elections for the President and Vice President shall be constructed, while emphasizing the fact the State Legislature's have the sole, direct, authority in adopting laws, rules, and procedures for how to govern that process. This includes aligning the state in federal districts, and establishing rules and procedures for how to elect the presidential electors. It's also important to note that this section outlines rules regarding time, place, and manner of voting, to ensure that only 'born citizens' of the state, who are properly vetted, domiciled, and registered, can vote in the federal election.
By bringing this matter to the U.S Supreme Court, the North Carolina General Assembly asserts the following,
"TO THE HONORABLE JOHN G. ROBERTS, JR., CHIEF JUSTICE OF THE UNITED STATES AND CIRCUIT JUSTICE FOR THE FOURTH CIRCUIT: The federal constitution expressly provides that the manner of federal elections shall “be prescribed in each State by the Legislature thereof.” U.S. CONST. art. I, § 4. Yet barring this Court’s immediate intervention, elections during the 2022 election cycle for the U.S. House of Representatives in North Carolina will be conducted in a manner prescribed not by the State’s General Assembly but rather by its courts. “The Constitution provides that state legislatures”—not “state judges”— “bear primary responsibility for setting election rules,” Democratic Nat’l Comm. v. Wisconsin State Legislature, 141 S. Ct. 28, 29 (2020) (Gorsuch, J., concurring in denial of application to vacate stay), and this Court should intervene to protect the Constitution’s allocation of power over this matter of fundamental importance to our democratic system of government."
Per the landmark Supreme Court case cited,
Democratic Nat'l Committee v Wisconsin State Legislature
"Elections must end sometime, a single deadline supplies clear notice, and requiring ballots be in by election day puts all voters on the same footing. 'Common sense, as well as constitutional law, compels the conclusion that the government must play an active role in structuring elections,' and States have always required voters 'to act in a timely fashion if they wish to express their views in the voting booth.'"
In
Democratic Nat'l Committee v Wisconsin State Legislature, the Supreme Court upheld that the State's Legislature has the sole authority to adopt election laws, rules, and procedures, and to officially establish a firm 'date' of which the presidential election is to be held on, and ballots collected by. The court further asserts that this authority shall not be delegated to the courts, without express permission or request from the legislature.
The North Carolina General Assembly, by this request to the U.S Supreme Court, asked for and was granted preliminary relief, ahead of the 2022 Elections. This preliminary relief may now give the state enough time to adopt rules and procedures for the looming elections, and resolve potential controversies ahead of the 2024 Presidential Election. However, there are still arguments to be heard that could shape the future of the country via precedent.
Pending Arguments to be Heard:
- Does the North Carolina Court have authority to strike down, change, or deny the State Legislature of adopting newly aligned voting districts?
- Did the North Carolina Court have the right to rule in favor of a private political group, honoring their request to strike down a law adopted by the legislature?
- Does a state court have the authority to compel the state legislature to report remedies or data used to determine the process of re-districting?
- Is it constitutional for a state court to further delegate authority, as the North Carolina Court has done, when appointing political scientists to determine proper procedure of district alignment?
At stake, pending this Supreme Court Case, is the matter of who has the "authority" to govern, manage, and set the laws regarding Federal and State Elections.
There is no doubt that Supreme Court Case #21-1271, will play a huge role in determining how future Federal and State Elections will proceed going forward. This single case has the potential to reshape the future of the country. Stakes are currently so high,
that Democrats have unveiled a plan to stack the Supreme Court with four new Supreme Court Justices, in an effort to overrule the current majority.
With allegations of fraud and abuse during past elections, many believe it is now more important than ever, to reassure the American public that the election process can be trusted. Election security is vital to prevent violent uprisings like January 6th, and also reaffirm trust in our democratic republic.
As Senator Amy Klobuchar reminded, in the aftermath of violent events at the U.S. Capitol on January 6, 2021, we have “a republic,” but only “if we can keep it.”
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--Mike Zitterich| Post Date: 2022-07-25 10:42:36 | Last Update: 2022-07-25 12:38:55 |
