Will the Independent State Legislature doctrine literally mean the end of democracy?
Summary
Many legal scholars, including Nathaniel Persily, have derided the Independent State Legislature theory, pointing out that it gives “intellectual respectability to an otherwise insane, antidemocratic argument.” An upcoming law review article by Akhil Amar and Vikram Amar goes into more detail, dismantling the theory as ahistorical and “utterly indefensible.”
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