A Defeat for Federalism

The Supreme Court Extends its Role as Supreme Law

The recent decision by our Supreme Court to continue to allow state courts to overrule state legislatures in establishing the methods of elections within their state continues a “status quo” not found in any originalist or textualist interpretation of the Constitution. Thus the Court has taken a giant step backward from their initial decision basis seen in their ruling earlier this year regarding the Second Amendment. Apparently the Court’s interpretation, not making, of Constitutional law is not always to be based on the meaning of the Framers as revealed by careful study of what they did and said when they actually did and said it.

The body of the Constitution contains far more substance referencing the makeup, election of, actions of, and powers of the Congress, our elected body, than that of the Executive Branch or of the Judicial Branch (the latter of which, Constitutionally, could be served by one Supreme Court Justice without any other courts at the federal level if Congress s…