Page:Moore v. Harper.pdf/60

22, if petitioners’ premises hold, then state constitutions may specify who constitute “the Legislature” and prescribe how legislative power is exercised, but they cannot control what substantive laws can be made for federal elections.

The majority indicates that it does not perceive this distinction between “substantive” and “procedural” rules, see, illustrating its doubts with a rhetorical question: “When a governor vetoes a bill because of a disagreement with its policy consequences, has the governor exercised a procedural or substantive restraint on lawmaking?” The answer is straightforward: The power of approving or vetoing bills is “a part of the legislative process” because it is “a part in the making of state laws.” Smiley, 285 U. S., at 368–369; see also INS v. Chadha, 462 U. S. 919, 933, 951, 954, 957, n. 22, 958 (1983) (repeatedly referring to bicameralism and presentment as