Document Type
Thesis
First Faculty Advisor
John Dietrich
Second Faculty Advisor
Ilisabeth Bornstein
Keywords
election law; independent state legislature; gerrymandering
Publisher
Bryant University
Rights Management
CC - BY - NC - ND; CC - BY; CC - BY - SA; CC - BY - ND; CC - BY - NC - SA; CC - BY - NC
Abstract
The purpose of this research is to explore Independent State Legislature Theory (ISL), an uncommon election theory that emerged in 2000 and has had a resurgence in the past several years. This research will be split into two different stages: a background analysis tracing development of this legal theory through several court cases and a more careful examination of the case of Moore v. Harper, a case heard in 2023 where the theory was eventually ruled against by the United States Supreme Court. The background stage is comprised of a literature review and analysis on the doctrines that guide election theories like ISL. The second stage analyzes the amicus curiae briefs filed to the Court prior to the hearing on Moore v. Harper, as well as the actual language found in the oral arguments made by both advocates and Justices, as well as the Court’s opinions issued in the case. The results of the two stages together will serve as crucial background in future discussions and research into the case, and as a reference if ISL is brought before the court in a future case.
