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The independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state constitutions, state courts, governors, ballot initiatives, or other ...
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The adequate and independent state ground doctrine states that when a litigant petitions the U.S. Supreme Court to review the judgment of a state court which rests upon both federal and non-federal (state) law, the U.S. Supreme Court does not have jurisdiction over the case if the state ground is (1) “adequate” to support the judgment, and ...
Moore v. Harper, 600 U.S. 1 (2023), is a decision of the Supreme Court of the United States that rejected the independent state legislature theory (ISL), a theory that asserts state legislatures have sole authority to establish election laws for federal elections within their respective states without judicial review by state courts, without presentment to state governors, and without ...
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies.It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies.
The relationship produced by Notre Dame faculty helps seed conservative legal theories. Professors are also involved in crafting litigation that can make its way before the court dealing with ...
According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, . This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the ...
The Wisconsin Supreme Court ruled Friday that the state’s heavily gerrymandered state legislative maps are unconstitutional and ordered lawmakers to draw new maps ahead of the 2024 elections.