The New Elections Clause

Morley, Michael T

Journal: Notre Dame Law Review Reflection

Volume: 91

Year: 2016

Bluebook Citation: 91 NOTRE DAME L. REV. REFLECTION (2016)

Author: Michael T. Morley: all 37 publications


Abstract

The Elections Clause and Presidential Electors Clause are the sources of a wide range of constitutional doctrines concerning federal elections. While Arizona State Legislature v. Arizona Independent Redistricting Commission, on its face, addresses only the meaning of “Legislature” in the Elections Clause and the validity of redistricting commissions, the Court’s broad reasoning sweeps much further. This Essay offers a first analysis of the “new” Elections Clause in the wake of this ruling.

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