Page:Moore v. Harper.pdf/22

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Cite as: 600 U. S. ____ (2023)
17

Opinion of the Court

making its regulations under the same provision would be subject to the veto power of the President.” Ibid.; see also Wesberry v. Sanders, 376 U. S. 1, 6 (1964) (Congress does not have “exclusive authority” under the Elections Clause, independent of other federal constitutional provisions). And “long and continuous interpretation” as evidenced by “the established practice in the states” provided further support. Smiley, 285 U. S., at 369. We noted that many state constitutions had adopted provisions allowing for executive vetoes, “and that the uniform practice … has been to provide for congressional districts by the enactment of statutes with the participation of the Governor wherever the state constitution provided for such participation.” Id., at 370.

This Court recently reinforced the teachings of Hildebrant and Smiley in a case considering the constitutionality of an Arizona ballot initiative. Voters “amended Arizona’s Constitution to remove redistricting authority from the Arizona Legislature and vest that authority in an independent commission.” Arizona State Legislature v. Arizona Independent Redistricting Comm’n, 576 U. S. 787, 792 (2015). The Arizona Legislature challenged a congressional map adopted by the commission, arguing that the Elections “Clause precludes resort to an independent commission … to accomplish redistricting.” Ibid. A divided Court rejected that argument. The majority reasoned that dictionaries of “the founding era … capaciously define[d] the word ‘legislature,’ ” id., at 813–814, and concluded that the people of Arizona retained the authority to create “an alternative legislative process” by vesting the lawmaking power of redistricting in an independent commission, id., at 817. The Court ruled, in short, that although the Elections Clause expressly refers to the “Legislature,” it does not preclude a State from vesting congressional redistricting authority in a body other than the elected group of officials who ordinarily exercise lawmaking power. States, the Court explained,