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We the People

What is the “Independent State Legislature Doctrine”? – Part 2

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 21 July 2022

⏱️ 55 minutes

🧾️ Download transcript

Summary

In June, the Supreme Court agreed to hear Moore v. Harper, a case out of North Carolina about the power of state courts to review election regulations set by state legislatures. At the heart of the case is the so-called “independent state legislature” theory, which has gained popularity in some limited circles. The Supreme Court will now directly address it when it hears arguments in the case next term. Joining us to examine the arguments for and against the independent state legislature theory is Vikram Amar, dean of Illinois College of Law and co-author of an article in the Supreme Court Review that’s critical of the theory; and Jason Torchinsky, partner at Holtzman Vogel, and author of an amicus brief in Moore v. Harperon the side of North Carolina, on behalf of the National Republican Redistricting Trust. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.  Check out What is the “Independent State Legislature Doctrine”? – Part 1 from March 2022. The National Constitution Center relies on support from listeners like you to provide nonpartisan constitutional education to Americans of all ages. Visit www.constitutioncenter.org/we-the-people to donate, and thank you for your crucial support. Questions or comments about the show? Email us at podcast@constitutioncenter.org. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate, at bit.ly/constitutionweekly.

Transcript

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0:00.0

Hello friends. I'm Jeffrey Rosen, president and CEO of the National

0:06.7

Constitution Center and welcome to We The People, a weekly show of

0:10.3

constitutional debate. The National Constitution Center is a

0:13.8

nonpartisan nonprofit chartered by Congress to increase awareness and

0:18.6

understanding of the Constitution among the American people.

0:23.0

The Supreme Court has just agreed to hear Moore versus Harper, a case out of North Carolina

0:27.6

about the power of state courts to review election regulations set by state legislature.

0:33.0

At the heart of the case is the independent state legislature theory,

0:38.0

and the Supreme Court will now address that theory when it hears arguments in the case next term.

0:44.0

Joining us to help understand the arguments on both sides of the independent state

0:47.7

legislature theory are two of America's leading constitutional law experts on the theory and on the

0:54.8

Constitution. Jason Torchensky is a partner at Holtzman Vogel

0:58.9

specializing in campaign finance election law, lobbying disclosure, and issue advocacy groups, he filed an

1:04.5

amicus brief in Moore v. Harper on the side of North Carolina on behalf of the National

1:09.3

Republican Redistricting Trust.

1:11.6

Jason, welcome to We the People.

1:13.4

Thank you, thanks for having me.

1:15.1

And Vikram Lamar is Dean of the Illinois College of Law and co-author of the case book

1:20.2

Constitutional Law Cases and Materials. He and his brother

1:23.7

Akilamar just published an article in the Supreme Court review on the

1:28.9

independent state legislature theory. Vic welcome back to We the People.

1:33.0

Thank you for having me.

...

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