531US1
Unit: $$U9
[05-01-02 10:02:37] PAGES PGT: OPIN
Cite as: 531 U. S. 98 (2000)
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Rehnquist, C. J., concurring
estimation, that “petitioner could not fairly be deemed to
have been apprised of its existence.” Id., at 457.
Six years later we decided Bouie v. City of Columbia, 378
U. S. 347 (1964), in which the state court had held, contrary
to precedent, that the state trespass law applied to black
sit-in demonstrators who had consent to enter private property but were then asked to leave. Relying upon NAACP,
we concluded that the South Carolina Supreme Court’s interpretation of a state penal statute had impermissibly broadened the scope of that statute beyond what a fair reading
provided, in violation of due process. See 378 U. S., at 361–
362. What we would do in the present case is precisely parallel: hold that the Florida Supreme Court’s interpretation
of the Florida election laws impermissibly distorted them beyond what a fair reading required, in violation of Article II.1
This inquiry does not imply a disrespect for state courts
but rather a respect for the constitutionally prescribed role
of state legislatures. To attach definitive weight to the pronouncement of a state court, when the very question at issue
is whether the court has actually departed from the statutory meaning, would be to abdicate our responsibility to enforce the explicit requirements of Article II.
1
Similarly, our jurisprudence requires us to analyze the “background
principles” of state property law to determine whether there has been a
taking of property in violation of the Takings Clause. That constitutional
guarantee would, of course, afford no protection against state power if our
inquiry could be concluded by a state supreme court holding that state
property law accorded the plaintiff no rights. See Lucas v. South Carolina Coastal Council, 505 U. S. 1003 (1992). In one of our oldest cases,
we similarly made an independent evaluation of state law in order to protect federal treaty guarantees. In Fairfax’s Devisee v. Hunter’s Lessee,
7 Cranch 603 (1813), we disagreed with the Supreme Court of Appeals of
Virginia that a 1782 state law had extinguished the property interests of
one Denny Fairfax, so that a 1789 ejectment order against Fairfax supported by a 1785 state law did not constitute a future confiscation under
the 1783 peace treaty with Great Britain. See id., at 623; Hunter v. Fairfax’s Devisee, 1 Munf. 218 (Va. 1809).