26
MOORE v. HARPER
Opinion of the Court
closely parallel. And around the time the Articles were
adopted by the Second Continental Congress, multiple
States regulated the “manner” of “appoint[ing] delegates,”
ibid., suggesting that the Framers did not understand that
language to insulate state legislative action from state constitutional provisions. See Del. Const., Art. XI (1776); Md.
Const., Art. XXVII (1776); Va. Const., cls. 3–4 (1776); Pa.
Const., §11 (1776); N. C. Const., Art. XXXVII (1776); Ga.
Const., Art. XVI (1777); N. Y. Const., Art. XXX (1777); S. C.
Const., Art. XXII (1778); Mass. Const., pt. 2, ch. IV (1780);
N. H. Const., pt. II (1784).
The defendants stress an 1820 convention held in Massachusetts to amend the Commonwealth’s Constitution. After a Boston delegate proposed a provision regulating the
manner of federal elections, Joseph Story—then a Justice
of this Court—nixed the effort. In Story’s view, such a provision would run afoul of the Elections Clause by “assum[ing] a control over the Legislature, which the constitution of the United States does not justify.” Journal of the
Debates and Proceedings in the Convention of Delegates
110 (1853). But Story’s comment elicited little discussion,
and reflects the views of a jurist who, although “a brilliant
and accomplished man, . . . was not a member of the Founding generation.” U. S. Term Limits, Inc. v. Thornton, 514
U. S. 779, 856 (1995) (THOMAS, J., dissenting).
V
A
Although we conclude that the Elections Clause does not
exempt state legislatures from the ordinary constraints imposed by state law, state courts do not have free rein. “State
courts are the appropriate tribunals . . . for the decision of
questions arising under their local law, whether statutory
or otherwise.” Murdock v. Memphis, 20 Wall. 590, 626
(1875). At the same time, the Elections Clause expressly
vests power to carry out its provisions in “the Legislature”
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