Michael Morley on the Independent State Legislature Doctrine
In this episode, Michael T. Morley, Assistant Professor of Law at Florida State University College of Law, discusses his draft article "Federal Elections and State Constitutions." Morley begins by describing the Supreme Court's recent rejection of constitutional challenges to political gerrymandering, and how it led commentators to suggest the use of state constitutional law to regulate political gerrymandering. He introduces the independent state legislature doctrine, which holds that the Elections Clauses of the Constitution delegate the power to regulate elections exclusively to legislatures, not to states as a whole. He reflects on this history of the interpretation of the Elections Clauses, and concludes that the independent states legislature doctrine is the correct interpretation. Morley is on Twitter at @michaelmorley11.