The reliability of a document written by one of the U.S. Constitution's framers has long been under serious doubt. North Carolina Republicans cited it in a case that could upend election laws.
"Each State shall prescribe the time & manner of holding Elections by the People for the house of Delegates & the House of Delegates shall be the judges of the Elections returns & Qualifications of their members."
But in a written statement, Thompson points out that in 2015, Chief Justice John Roberts quoted from the 1818 version of the Pinckney Plan in a. Roberts referred to language from the plan as the"first known draft" of the Elections Clause to appear at the Constitutional Convention.
Focusing on the Pinckney Plan does not help answer the core questions this case raises, says Amar, a Yale University law professor and author of"One guy submits a piece of paper. So what? The committee may not have even paid any attention to that piece of paper," Amar says."Let's focus on the big picture — the Articles of Confederation."
Larson, the Pepperdine professor of history and law, adds that the Elections Clause's wording"does have strong suggestions that a state court can't unilaterally" determine how to run congressional elections. they would likely side with the North Carolina Republicans' position in support of the independent state legislature theory.
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