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MOORE v. HARPER

Opinion of the Court

Number of Electors.” Art. II, §1, cl. 2. McPherson considered a challenge to the Michigan Legislature’s decision to allocate the State’s electoral votes among the individual congressional districts, rather than to the State as a whole. We upheld that decision, explaining that in choosing Presidential electors, the Clause “leaves it to the legislature exclusively to define the method of effecting the object.” 146 U. S., at 27.

Our decision in McPherson, however, had nothing to do with any conflict between provisions of the Michigan Constitution and action by the State’s legislature—the issue we confront today. McPherson instead considered whether Michigan’s Legislature itself directly violated the Electors Clause (by taking from the “State” the power to appoint and vesting that power in separate districts), the Fourteenth Amendment (by allowing voters to vote for only one Elector rather than “Electors”), and a particular federal statute. Id., at 8–9 (argument for plaintiffs in error). Nor does the quote highlighted by petitioners tell the whole story. Chief Justice Fuller’s opinion for the Court explained that “[t]he legislative power is the supreme authority except as limited by the constitution of the State.” Id., at 25 (emphasis added); see also ibid. (“What is forbidden or required to be done by a State is forbidden or required of the legislative power under state constitutions as they exist.”).

The legislative defendants and Justice Thomas rely as well on our decision in Leser v. Garnett, 258 U. S. 130 (1922), but it too offers little support. See post, at 17, 20–21. Leser addressed an argument that the Nineteenth Amendment—providing women the right to vote—was invalid because state constitutional provisions “render[ed] inoperative the alleged ratifications by their legislatures.” 258 U. S., at 137. We rejected that position, holding that when state legislatures ratify amendments to the Constitution, they carry out “a federal function derived from the Federal Constitution,” which “transcends any limitations