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Prince William County admits election tally in 2020 shorted Joe Biden
(www.nbcwashington.com)
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this post was submitted on 15 Jan 2024
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Because the founding fathers had to make a lot of concessions to the already existing states that were not thrilled to give up their power and rights?
States literally don't even have to have elections. If they pass a law that the their electoral votes will be given to a winner of a raffle or a quiz show, they can do that according to the US constitution.
Now, it could be easy to read that one way, but the Independent State Legislature theory was rejected by the SCOTUS as recently as 2023.
Did not know SCOTUS ruled on it. Thanks.
The 'guarantee clause' was both a promise that the federal government would help suppress state-level insurrections and protect member states from foreign attack, and a requirement that in order to be a member state, you had to have a government in the form of a republic (i.e., no monarchy-states, no dictatorships). This can be read to mean that democracy of some sort is required, as republics implicitly derive their public authority from the people living in them.
That's interesting to me. Does the requirement for a republic prevent the possibility of a true direct democracy?
It could, depending on how the court is feeling about it that day, and on whether or not congress writes legislation to provide specifics to just what Article IV, sec4 means. (This seems to have been one of those clauses the framers left as a to-do for future legislators to fill out)