Draft Resolution Reaffirming the Right of State Legislatures to Determine Electoral Districts

Summary

This model policy urges federal and state courts at all levels to respect the Constitutional Framers’ intent that matters pertaining to electoral districts be decided by state legislative, rather than judicial, means. The courts should refrain from judicial overreach in the form of imposing redistricting schemes which have the effect of subverting the republican process intended by America’s Founding Fathers.

Draft Resolution Reaffirming the Right of State Legislatures to Determine Electoral Districts

WHEREAS, in chapter XI of the Second Treatise, Locke wrote; “The first and fundamental positive law of all commonwealths, is the establishing of the legislative power;” and

WHEREAS, according to Article IV Section 4 of the U.S. Constitution “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence”; and

WHEREAS, Article I Section 4 of the U.S. Constitution states “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but Congress may at any time make or alter such Regulations, except as to the Place of chusing Senators;” and

WHEREAS, the intervention of state supreme courts to redistrict congressional district maps violates the fundamental right of the residents of a state to republican self-government; and

WHEREAS, state supreme courts unlawfully enacting judicial amendments strips state legislators of the power, granted under the United States Constitution, to draw congressional district state lines.

NOW THEREFORE, BE IT RESOLVED that the legislature of [Insert State] hereby claims sovereignty under the Article IV Section 4; and

BE IT FURTHER RESOLVED that this resolution shall serve notice to federal and state courts of our demand to abide by the system explicitly written in the Constitution of the United States.