Independent Legislative Authority

 

Sitting on Top of the World

"Glory Hallelujah," I just phoned the Parson
"Hey, Par get ready to call"
Just like Humpty Dumpty, I'm going to fall
I'm sitting on top of the world
Just rolling along, Just rolling along

Are you like Humpty Dumpty?

In the book Through the Looking Glass, when Alice meets Humpty Dumpty she has the following exchange:

'When I use a word,' Humpty Dumpty said, in rather a scornful tone, 'it means just what I choose it to mean — neither more nor less.'

'The question is,' said Alice, 'whether you can make words mean so many different things.'

'The question is,' said Humpty Dumpty, 'which is to be master — that's all.'

The US Constitution reads ” Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”

The independent legislative authority theory hinges on what is meant by legislature.  If is narrowly defined as the body that makes laws in states and excludes the courts, the governor, the constitution of the state, the voters of the state, etc. then the position of independent legislative authority is correct. If the term is meant to include all of the legal bodies of the government of a state, then the independent legislative authority is wrong. And unfortunately this Supreme Court will try this case and three sitting justices — Clar­ence Thomas, Samuel Alito, and Neil Gorsuch —have already endorsed a narrow reading  and the full court gets to decide on the meaning of the word legislature. And whether by that single word whether they are masters, like Humpty Dumpty,  instead of our servants.