LETTER: Elections, state legislatures and the courts
The U.S. Supreme Court heard a case on Wednesday in which it was argued that state supreme courts have no function in issues involving state elections of federal officeholders, i.e. senators, House members and the president. If the high court opines that this is correct, it means that no state supreme court may rule on such issues as it regards its state constitution. This is wrong.
Our state governments mirror our federal government, which is made up of three branches - executive, legislative and judicial. Each of these parts provides checks and balances. It is the judicial branch, in the form of the Supreme Court, that decides if any action taken by the other two branches is not in accordance with the Constitution.
It is clear that this issue has been brought to the Supreme Court by those who were upset when their state courts denied legislatures the ability to step into state election procedures for partisan reasons. For the Supreme Court to show any sympathy for this position would be to restructure all state governments for those same political reasons.
