4
MOORE v. HARPER
Syllabus
for present purposes, the Court embraced the core principle espoused
in Hildebrant and Smiley: Whatever authority was responsible for redistricting, that entity remained subject to constraints set forth in the
State Constitution. The Court dismissed the argument that the Elections Clause divests state constitutions of the power to enforce checks
against the exercise of legislative power.
The basic principle of these cases—reflected in Smiley’s unanimous
command that a state legislature may not “create congressional districts independently of” requirements imposed “by the state constitution with respect to the enactment of laws,” 285 U. S., at 373—commands continued respect. Pp. 15–18.
(b) The precedents of this Court have long rejected the view that
legislative action under the Elections Clause is purely federal in character, governed only by restraints found in the Federal Constitution.
The argument to the contrary does not account for the Framers’ understanding that when legislatures make laws, they are bound by the
provisions of the very documents that give them life. Thus, when a
state legislature carries out its federal constitutional power to prescribe rules regulating federal elections, it acts both as a lawmaking
body created and bound by its state constitution, and as the entity assigned particular authority by the Federal Constitution. Both constitutions restrain the state legislature’s exercise of power.
This Court’s decision in McPherson v. Blacker, 146 U. S. 1, in which
the Court analyzed the Constitution’s similarly worded Electors
Clause, is inapposite. That decision did not address any conflict between state constitutional provisions and state legislatures. Nor does
Leser v. Garnett, 258 U. S. 130, which involved a contested vote by a
state legislature to ratify a federal constitutional amendment, help petitioners. That case concerned the power of state legislatures to ratify
amendments to the Federal Constitution. But fashioning regulations
governing federal elections “unquestionably calls for the exercise of
lawmaking authority.” Arizona State Legislature, 576 U. S., at 808, n.
17. And the exercise of such authority in the context of the Elections
Clause is subject to the ordinary constraints on lawmaking in the state
constitution. Pp. 18–22.
(c) Petitioners concede that at least some state constitutional provisions can restrain a state legislature’s exercise of authority under
the Elections Clause, but they read Smiley and Hildebrant to differentiate between procedural and substantive constraints. But neither
case drew such a distinction, and petitioners do not in any event offer
a defensible line between procedure and substance in this context. Pp.
22–24.
(d) Historical practice confirms that state legislatures remain