Timothy K. Moore, in His Official Capacity as Speaker of the North Carolina House of Representatives, et al., Petitioners v. Rebecca Harper, et al.
AENN
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Moore v Harper
INTRODUCTION &
SUMMARY OF THE ARGUMENT
Some provisions of the Constitution are subject to reasonable debate. Others are not. Article I, Section 4, Clause 1, commonly referred to as the “Elections Clause,” falls into the latter category. Its prescription is incontrovertible; State. legislatures have the prerogative to determine “[t]he Times, Places and Manner of Holding Elections for Senators and Representatives.” U.S. CONST. art. I § 4, cl. 1. If a problem arises, “the Congress may at any time by Law make or alter such Regulations.” Id.
Absent from the constitutionally mandated order of authority is any role for the state judiciary. Notwithstanding this omission, certain state and commonwealth courts have taken it upon themselves to appropriate the processes that belong to the politically accountable branches of government. The North Carolina courts’ latest usurpations bring this issue back to the Court.
