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kobusy [5.1K]
3 years ago
9

On 5/8 Do you think that the November elections should be postponed due to the fact that elections to the Democrat cannot be hel

d normally? Why or why not?
Law
1 answer:
Leviafan [203]3 years ago
3 0

Answer:

The date of the general election is set by federal law and has been fixed since 1845. It would take a change in federal law to move that date. That would mean legislation enacted by Congress, signed by the president and subject to challenge in the courts.

To call that unlikely would be an understatement.

And even if all of that happened, there would not be much flexibility in choosing an alternate election date: The Constitution mandates that the new Congress must be sworn in on Jan. 3, and that the new president’s term must begin on Jan. 20. Those dates cannot be changed just by the passage of normal legislation.

After Louisiana’s announcement on Friday, Marc Elias, the prominent Democratic election lawyer, knocked down what he described as a wave of queries about whether the November election could be similarly revised.

“I am getting a lot of questions about the November election,” Mr. Elias wrote on Twitter. “While states can set their own primary days, the federal general election is set by federal statute as the the [sic] Tuesday following the first Monday in November. This date cannot be changed by a state nor by the President.”

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Explain the role stare decisis likely played in the wesberry v. Sanders decision.
Makovka662 [10]

The role Stare decisis role in weberry v Sanders decision is that it help the court to rule using the existing Constitution. The court had to follow it doctrine.

<h3>Stare Decisis role</h3>

Stare decisis refers to Court's doctrine which is taking into consideration before making their decisions. Stare decisis means “to stand by things

In 1963, James P. Wesberry lived in a Georgia congressional district which had higher population than thecongressional districts in the state. He said that is vote did not count and is not rendered value d because there was only one member of

Congress for each congressional district because the state failed to adjust.

For the congressional districts to meet the changing population. Wesberry sought for ways inorder to prevent Georgia government from conducting elections under the current form of district system. The district court dismissed his complaint, He then appealed to the Supreme Court.

The Supreme Court opinion and vadity was that congressional districts must have almost equal populations compare to each other. The court further held that the state apportionment statute was invalid because it did not follow the Constitution.

Therefore, The role Stare decisis role in weberry v Sanders decision is that it help the court to rule using the existing Constitution. The court had to follow it doctrine.

Learn more about stare Decisis from.the link below.

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