The Founding Fathers vested exclusively within the legislatures of the respective states the power—and solemn duty—to decide the manner in which its presidential electors are chosen (U.S. Const. Article II, Sect. 1, Cl 2.).
In contrast, Article III vests in the judicial branch—the federal courts—the power to decide actual “cases and controversies” between litigants who come before the courts. The “cases and controversies” requirement to invocation of a court’s jurisdiction is universal in Anglo-Saxon jurisprudence, and applies to all state courts as well.
This fundamental distinction is crucial to understanding the very different roles to be played by the swing state legislatures, on the one hand, and the state and federal courts, on the other, in the electoral fraud charges now gripping the nation.