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Reason
Reason
Politics
Will Baude

Amar and Amar on Independent State Legislatures

After various litigation during the 2020 election (now being echoed by the related but different claims in North Carolina), there has been renewed attention and interest to the Constitution's reference to the role of the state "legislature" in setting rules for elections (as Josh notes below).

I wanted to call attention to one such forthcoming piece by Akhil Amar and Vikram Amar condemning the doctrine. The piece is titled Eradicating Bush-League Arguments Root and Branch: The Article II Independent-State-Legislature Notion and Related Rubbish, and it will be forthcoming in the Supreme Court Review, for which I am one of the faculty editors.

Here is the introduction:

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