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The Constitution is not ordinarily interpreted so casuistically where fundamental rights like voting are concerned. For instance, the First Amendment clearly states, Congress shall make no law...abridging the freedom of speech, yet in practice, courts have held that many governmental regulations that blatantly abridge freedom of speech, from obscenity, to ...


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This question overlooks the fact that when the constitution speaks of a legislature it's usually talking about the government as a whole (a holdover from the state of affairs in the UK). Congress has the power to collect taxes according to the constitution, but what that really means is that congress has the power to make laws that provide for the executive ...


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Article II, Section 1, Clause 2 of the Constitution states "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors". This seems to be a non-legislative power. The Constitution defines what is and is not a legislative power, and that article defines this to be the power of each state's legislature. ...


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Does this mean a state legislature, could at any time, choose to appoint electors regardless of public election results and state laws? No. The clause does not "grant" to the legislature any authority independent of the state's constitution. Rather, it requires the state, when enacting laws for the purpose of appointing electors, to leave to the ...


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why doesn't this clause invalidate state laws that provide for the selection of electors by popular election? Because in such Manner as the Legislature thereof may direct means they can make their own state laws. Regarding the 1st question Does this mean a state legislature, could at any time, choose to appoint electors regardless of public election ...


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