North Carolina State Court of Appeals is Pondering “Free” Phrase in State Constitution, and Whether it Prohibits Gerrymandering

The Carolina Journal has this interesting article about a pending lawsuit in the North Carolina State Court of Appeals, on whether the state constitution prohibits gerrymandering.  The state constitution says all elections shall be “free.”  Bard v North Carolina State Board of Elections, COA24-1109.

Thirty state constitutions say that elections must be free and equal, or sometimes they just say they must be “free”.  Generally lawsuits filed to strike down unfair election rules seldom win on the basis of that phrase.  Judges appear to find that it is too vague.


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North Carolina State Court of Appeals is Pondering “Free” Phrase in State Constitution, and Whether it Prohibits Gerrymandering — 4 Comments

  1. https://www.legislation.gov.uk/aep/WillandMarSess2/1/2/enacted

    The Bill of Rights 1688
    1688 CHAPTER 2 1 Will and Mar Sess 2
    An Act declareing the Rights and Liberties of the Subject and Setleing the Succession of the Crowne.
    —-
    Whereas the late King James the Second by the Assistance of diverse evill Councellors Judges and Ministers imployed by him did endeavour to subvert and extirpate the Protestant Religion and the Lawes and Liberties of this Kingdome
    ******
    By Violating the Freedome of Election of Members to serve in Parlyament.
    ******
    All which are utterly and directly contrary to the knowne Lawes and Statutes and Freedome of this Realme.
    *****
    And thereupon the said Lords Spirituall and Temporall and Commons pursuant to their respective Letters and Elections being now assembled in a full and free Representative of this Nation takeing into their most serious Consideration the best meanes for attaining the Ends aforesaid Doe in the first place (as their Auncestors in like Case have usually done) for the Vindicating and Asserting their auntient Rights and Liberties, Declare
    ******
    That Election of Members of Parlyament ought to be free.
    —-
    Landmark law in Western Civilization — Brit Parliament triumphant over rotted Monarch in law making.

    Model for 1776 USA DOI and Bills of Rights in 1775-1789 State Consts and later 1789-1791 USA Bill of Rights.

    B—–U—–T — ANTI-Democracy minority rule gerrymanders since late 1200s in olde England continued — and into 1776 States and into later 1787 USA regime – area fixation.

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