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Daniel O. Jamison

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    Threats to democracy

    'Independent state legislature theory' is unconstitutional

    Daniel O. Jamison
    June 23, 2022
    Congress certifies the Electoral College vote on Jan. 6, 2021
    Congress meets to ratify the Electoral College vote on Jan. 6, 2021.
    Kent Nishimura/Los Angeles Times via Getty Images

    Jamison is a retired attorney who is now a writer in Fresno, Calif.

    The extreme right reportedly may create chaos through pet poll workers at various precincts in swing states in 2024. The state legislature would then rely on the chaos to use the “independent state legislature doctrine” to reject the votes of the state’s citizens and make its own slate of presidential electors.

    The theory, which holds that a state legislature’s action cannot be overturned by the state’s judiciary, rests on this language in the Constitution:

    “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 it's not simple

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    constitution

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    Civic Ed

    How to achieve objectives of critical race theory without the controversy

    Daniel O. Jamison
    July 30, 2021
    Critical race theory protest

    People gather for a rally against the teaching of critical race theory in Loudoun County, Va., in June.

    Andrew Caballero-Reynolds/AFP via Getty Images

    Jamison is a retired attorney and freelance writer in Fresno, Calif.

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    race
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