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We the People

What is the “Independent State Legislature Doctrine”?

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 17 March 2022

⏱️ 65 minutes

🧾️ Download transcript

Summary

Earlier this month, the U.S. Supreme Court refused to block new congressional maps in North Carolina and Pennsylvania from going into effect. Both states’ maps had been redrawn by state courts, overriding maps that had been enacted by the states’ Republican legislatures. This means that the 2022 congressional elections in both states will proceed using the court-drawn maps. Despite the fact that the U.S. Supreme Court declined to intervene, four of the justices indicated they’re ready to address the doctrine at the heart of the cases: the independent state legislature theory. To unpack all that’s at stake—and explain what that theory is and what effect, if implemented, it could have on the power of state courts to review actions by state legislatures in regulating elections—Jeffrey Rosen moderates a conversation with two constitutional law experts: Vikram Amar, dean and Iwan Foundation Professor of Law at Illinois College of Law and co-author of Constitutional Law: Cases and Materials; and Evan Bernick, assistant professor at the Northern Illinois University College of Law and co-author of The Original Meaning of the Fourteenth Amendment: Its Letter and Spirit.   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, I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome

0:08.6

to We The People, a weekly show of constitutional debate.

0:12.4

The National Constitution Center is a nonpartisan

0:14.8

nonprofit chartered by Congress to increase awareness and understanding of the

0:19.6

Constitution among the American people. Earlier this month, the Supreme Court issued orders that preserve new congressional maps in North Carolina and Pennsylvania.

0:29.0

Both of the maps were drawn by their state Supreme Courts overriding maps that had been

0:33.8

enacted by the state's legislatures in concurring opinions justices Alito and

0:39.2

Kavanaugh indicated that they're ready to address the doctrine at the heart of the cases, the independent

0:45.0

state legislature's doctrine.

0:47.4

There's a lot to unpack here and we're joined by two of America's leading experts on the independent state legislature's doctrine and the original understanding of the 14th Amendment and I'm much looking forward to learning from both of them.

1:01.0

Vikram Amar is Dean and Ewan Foundation, Professor of Law at Illinois College of Law,

1:06.2

he's co-author of the case book, constitutional law, cases, and materials.

1:10.4

Vic, welcome back to We The People.

1:12.4

Thank you, Jeff. Thank you so much for having me. Vick, welcome back to We the People.

1:12.6

Thank you, Jeff.

1:13.3

Thank you so much for having me.

1:14.8

And Evan Bernick is assistant professor

1:17.0

at the Northern Illinois University College of Law.

1:19.7

He's co-author of the great new book, The Original Meaning of the Fourteenth Amendment, its letter and spirit,

1:27.0

co-written with Randy Barnett, and it came out last year.

1:30.4

Evan, it's wonderful to welcome you to We The People.

1:33.0

Thanks, Jeff.

...

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