Moore raises the question of whether the court’s conservative wing will sanction an anti-originalist power grab that would eviscerate our ability to hold free and fair elections.
began with state constitutions
. Judicial review by state courts to enforce state constitutional limits on the power of the legislature is older than the U.S. Constitution itself. Well before the delegates met in Philadelphia to draft the Constitution, state courts put into practice the notion that legislatures are creatures of state constitutions and bound to observe their limits, not independent of them. In fact, state judicial review provided the model for federal judicial review.
made explicit, “the right of the courts to pronounce legislative acts void, because [they are] contrary to the Constitution” has been “of great importance in all the American constitutions.”Second, not only did the founding generation cherish the checks and balances provided by state constitutions, the framing of the U.S. Constitution was motivated in large part by fears that state legislative abuses had run amok.
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