Page:Moore v. Harper.pdf/55

Rh In sum, there is no issue before this Court that can affect the judgment in this action. As such, the question presented is moot, and the writ of certiorari should be dismissed.

I would gladly stop there. The majority’s views on the merits of petitioners’ moot Elections Clause defense are of far less consequence than its mistaken belief that Article III authorizes any merits conclusion in this case, and I do not wish to belabor a question that we have no jurisdiction to decide. Nonetheless, I do not find the majority’s merits reasoning persuasive.

The Elections Clause of the Constitution provides that “[t]he Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.” Art. I, §4, cl. 1. The question presented was whether the people of a State can place state-constitutional limits on the times, places, and manners of holding congressional elections that “the Legislature” of the State has the power to prescribe. Petitioners said no. Their position rests on three premises, from which the conclusion follows.

The first premise is that “the people of a single State” lack any ability to limit powers “given by the people of the United States” as a whole. McCulloch v. Maryland, 4 Wheat. 316, 429 (1819). This idea should be uncontroversial, as it is “the unavoidable consequence of th[e] supremacy” of the Federal Constitution and laws. Id., at 436. As the Court once put it (in a case about the Article V ratifying power of state legislatures), “a federal function derived from the Federal Constitution … transcends any limitations