Norman Leahy
Norman Leahy has written about national and Virginia politics for more than 30 years with outlets ranging from The Washington Post to BearingDrift.com. A consulting writer, editor, recovering think tank executive and campaign operative, Norman lives in Virginia.
‘Independent State Legislature Theory’ Fails – True Constitutionalists Should Applaud
Exploding Wireless Devices, Prelude To Wider Israel-Hezbollah War?
PAUL'S DAILY BRIEF (PDB) Thursday – Israel's Hezbollah device attacks: Is this a prelude to war, or an alternative? First, it was pagers that exploded. Now, it's walkie-talkies. What Israel might be up to is unclear.
The sophisticated attacks on Hezbollah's communications equipment, which killed 37 people and wounded around 3,000 over two days, sowed disarray in Lebanon, with panicked residents abandoning their mobile phones.
The ominous implications of the pager attack against Hezbollah. An apparent masterstroke of Israeli sabotage could quash cease-fire talks.
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The U.S. Supreme Court's Moore v. Harper decision got headlines for torpedoing a fringe legal theory that state legislatures could act without oversight or check on their power to laws regulating elections. But it also upheld a more fundamental concept: that ours is a system of checks and balances which no creative reading of the Constitution can undo. (RELATED: California Governor Proposes Constitutional Amendment To Curb Gun Rights)
As SCOTUSblog's Amy Howe writes, the so-called “independent state legislature theory” would have allowed state legislators to act on election matters free of any court oversight:
That's an important point as the nation revs up for the 2024 presidential race. In the aftermath of the 2020 election, Republicans peddled the independent state legislature theory as a justification for trying to reverse the election results in states Donald Trump lost to Joe Biden. As former Federal Appeals Court Judge Michael Luttig wrote:
That legal strategy flopped in courtroom after courtroom in 2020. Now, it's bombed on the biggest legal stage of them all. And that's a good thing for anyone who believes that a robust system of checks and balances is essential not just to a limited government but defending individual liberty.
Those who call themselves constitutionalists should applaud Chief Justice John Roberts' when he wrote:
To blithely cast aside a fundamental principle in the pursuit of power unmasks the theory's proponents as mere partisans seeking to get what voters refused to give them.
The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.
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Norman Leahy
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