Must read article by Judge Luttig in The Atlantic on the independent state legislature theory. Judge Luttig argues that there is nothing in the text or structure of the Constitution that insulates the decisions of state legislatures, regarding the times, places and manner of federal elections, from state judicial review. Indeed, Judge Luttig contends that the opposite is true–that recognition of this theory would not only be counter to the Framers’ intent, but would also undermine the power conferred to state courts by both their state constitutions and the Supremacy Clause of the U.S. Constitution:
“When the state courts review the decisions of their state legislatures under their state constitutions, they are not exercising federal power delegated to them by the state legislatures; they are exercising the judicial power of the states, which was reserved to the states by the federal Constitution and accorded the state supreme courts by their state constitutions.”
The whole article is insightful and worthwhile. Check it out!