U.S. Term Limits, Incorporated, et al., Petitioners v. Ray Thornton, et al.; Winston Bryant, Attorney General of Arkansas, Petitioner v. Bobbie E. Hill, et al.
115 S. Ct. 1842; 131 L. Ed. 2d 881; 1995 U.S. LEXIS 3487; 63 U.S.L.W. 4413; 95 Cal. Daily Op. Service 3790; 95 Daily Journal DAR 6496; 9 Fla. L. Weekly Fed. S 29
Case history
Prior
U.S. Term Limits, Inc. v. Hill, 316 Ark. 251, 872 S.W.2d 349 (1994); cert. granted, 512U.S. 1218(1994).
Holding
States cannot impose qualifications for prospective members of Congress stricter than those in the Constitution.
U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995), is a landmarkU.S. Supreme Court decision in which the Court ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those the Constitution specifies. The decision invalidated 23 states' Congressional term limit provisions. The parties to the case were U.S. Term Limits, a nonprofit advocacy group, and Arkansas politician Ray Thornton, among others.[1]
No Person shall be a Representative who shall not have attained to the Age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen (Article I, section 2),
and:
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen (Article I, section 3).
Also critical to the issue is the 17th Amendment, which transferred power to select U.S. senators from the state legislature, to the people of the state:
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
U.S. Term Limits claimed that Amendment 73 was "a permissible exercise of state power under the Elections Clause".[1]
Both the trial court and the Arkansas Supreme Court agreed with Hill, declaring Amendment 73 unconstitutional.[2]
Supreme Court decision
The Supreme Court affirmed by a 5-4 vote. The majority and minority articulated different views of the character of the federal structure established in the Constitution. Writing for the majority, Justice John Paul Stevens concluded:
Finally, state-imposed restrictions, unlike the congressionally imposed restrictions at issue in Powell, violate a third idea central to this basic principle: that the right to choose representatives belongs not to the States, but to the people. ... Following the adoption of the 17th Amendment in 1913, this ideal was extended to elections for the Senate. The Congress of the United States, therefore, is not a confederation of nations in which separate sovereigns are represented by appointed delegates, but is instead a body composed of representatives of the people.
He further ruled that sustaining Amendment 73 would result in "a patchwork of state qualifications" for U.S. representatives, and called that consequence inconsistent with "the uniformity and national character that the framers sought to ensure." Concurring, Justice Anthony Kennedy wrote that the amendment interfered with the "relationship between the people of the Nation and their National Government."
It is ironic that the Court bases today's decision on the right of the people to "choose whom they please to govern them." Under our Constitution, there is only one State whose people have the right to "choose whom they please" to represent Arkansas in Congress ... Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress. The Constitution is simply silent on this question. And where the Constitution is silent, it raises no bar to action by the States or the people.
He also noted that the amendment did not actually prevent anyone from election since it only prevents prospective fourth-termers from being printed on the ballot, not from being written in, and therefore did not overstep the qualifications clause of the federal Constitution.
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution. Originally comprising seven articles, it delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 States to ratify it. It is regarded as the oldest written and codified national constitution in force.
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
Article Two of the United States Constitution establishes the executive branch of the federal government, which carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United States, lays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as Brown v. Board of Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage. The amendment limits the actions of all state and local officials, and also those acting on behalf of such officials.
The Seventeenth Amendment to the United States Constitution established the direct election of United States senators in each state. The amendment supersedes Article I, Section 3, Clauses 1 and2 of the Constitution, under which senators were elected by state legislatures. It also alters the procedure for filling vacancies in the Senate, allowing for state legislatures to permit their governors to make temporary appointments until a special election can be held.
The federal government of the United States is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district, five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.
Randy Evan Barnett is an American legal scholar and lawyer. He serves as the Patrick Hotung Professor of Constitutional Law at Georgetown University, where he teaches constitutional law and contracts, and is the director of the Georgetown Center for the Constitution. After graduating from Northwestern University and Harvard Law School, he tried many felony cases as a prosecutor in the Cook County States’ Attorney's Office in Chicago. A recipient of a Guggenheim Fellowship in Constitutional Studies and the Bradley Prize, Barnett has been a visiting professor at Penn, Northwestern and Harvard Law School.
The District of Columbia Voting Rights Amendment was a proposed amendment to the United States Constitution that would have given the District of Columbia full representation in the United States Congress, full representation in the Electoral College system, and full participation in the process by which the Constitution is amended. It would have also repealed the Twenty-third Amendment, which granted the District of Columbia the same number of electoral votes as that of the least populous state, but gave it no role in contingent elections.
Oregon v. Mitchell, 400 U.S. 112 (1970), was a Supreme Court case which held that the United States Congress could set voting age requirements for federal elections but not for local or state elections. The case also upheld Congress's nationwide prohibition on literacy tests and similar "tests or devices" used as voting qualifications as defined in the Voting Rights Act of 1965.
The Constitution of Arkansas is the primary organizing law for the U.S. state of Arkansas delineating the duties, powers, structures, and functions of the state government. Arkansas' original constitution was adopted at a constitutional convention held at Little Rock in advance of the territory's admission to the Union in 1836. The current constitution was ratified in 1874 following the Brooks–Baxter War.
The Constitution of the State of Ohio is the basic governing document of the State of Ohio, which in 1803 became the 17th state to join the United States of America. Ohio has had three constitutions since statehood was granted.
The Arkansas State Senate is the upper branch of the Arkansas General Assembly. The Senate consists of 35 members, each representing a district with about 83,000 people. Service in the state legislature is part-time, and many state senators have full-time jobs during the rest of the year. During the current term, the Senate contains twenty-seven Republicans, seven Democrats, and one independent.
U.S. Term Limits is a non-profit, non-partisan grassroots organization dedicated to enacting term limits for elected officials at every level of government in the United States. It was founded in 1992, and claims to have helped facilitate over 500 successful term limits campaigns at various levels of government.
In the United States, term limits, also referred to as rotation in office, restrict the number of terms of office an officeholder may serve. At the federal level, the 22nd Amendment to the United States Constitution limits the president of the United States to two four-year terms. State government offices in some, but not all, states are term-limited, including executive, legislative, and judicial offices.
Powell v. McCormack, 395 U.S. 486 (1969), is a United States Supreme Court case that held that the Qualifications of Members Clause of Article I of the US Constitution is an exclusive list of qualifications of members of the House of Representatives, which may exclude a duly-elected member for only those reasons enumerated in that clause.
Term limits legislation – term limits for state and federal office-holders – has been a recurring political issue in the U.S. state of Oregon since 1992. In that year's general election, Oregon voters approved Ballot Measure 3, an initiative that enacted term limits for representatives in both houses of the United States Congress and the Oregon Legislative Assembly, and statewide officeholders. It has been described as the strictest term limits law in the country.
The General Assembly of Arkansas is the state legislature of the U.S. state of Arkansas. The legislature is a bicameral body composed of the upper house Arkansas Senate with 35 members, and the lower Arkansas House of Representatives with 100 members. All 135 representatives and state senators represent an equal number of constituent districts.
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The State government of Arkansas is divided into three branches: executive, legislative and judicial. These consist of the state governor's office, a bicameral state legislature known as the Arkansas General Assembly, and a state court system. The Arkansas Constitution delineates the structure and function of the state government. Since 1963, Arkansas has had four seats in the U.S. House of Representatives. Like all other states, it has two seats in the U.S. Senate.
The Constitution of the United States delegates authority to regulate federal elections within a state to that state's "legislature". Advocates of the independent state legislature theory or independent state legislature doctrine (ISL) interpret this as limiting such authority to the state's elected lawmakers, while the state's executive branch, judiciary, or other quasi-legislative bodies have no powers of electoral oversight. Accordingly, in the event of a conflict between congressional election regulations enacted by a state's legislature and those derived from other sources of state law, that conflict must be resolved in favor of the state legislature's enactments, even over state constitutional provisions, and similarly over ballot initiatives which effectively modify a state constitution. Proponents of ISL further claim that adjudicating such purported conflicts is the province of the federal judiciary of the United States.
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