Questions and Answers
What legislation did US Term Limits Inc pass in many states?
Who argued against the term limits law?
Representative Ray Thornton
The Arkansas Supreme Court declared the term limits law constitutional.
False
Who delivered the opinion of the Court?
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What was a key argument in favor of the Amendment?
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Who delivered the dissenting opinion?
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The Court upheld the decision based on the _____ Clause.
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What did the Amendment establish about federal office qualifications?
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Study Notes
Background
- US Term Limits, Inc. sought to limit congressional terms through state legislation.
- Arkansas enacted Amendment 73, preventing individuals with 2 Senate terms or 3 House terms from appearing on the ballot.
Thornton Argument
- Representative Ray Thornton argued Amendment 73 violated the US Constitution.
- The Arkansas Supreme Court ruled the amendment unconstitutional, citing Powell v McCormack, which established federal office qualifications outlined in the Constitution.
US Term Limits Argument
- Proponents claimed the Amendment did not bar anyone from office but limited ballot access, allowing write-in votes.
- The argument included states' rights to regulate electoral procedures under the Constitution.
Opinion of the Court Delivered By
- Justice Stevens authored the Court's opinion.
Opinion of the Court
- The Court upheld the Arkansas Supreme Court decision, referencing Powell v McCormack and the Supremacy Clause.
- The Tenth Amendment was deemed inapplicable, asserting states cannot reserve rights not originally held.
- The ruling declared the Amendment unconstitutional for its intent to circumvent the Constitution's mandate.
Dissenting Opinion Delivered By
- Justice Thomas presented the dissenting opinion.
Dissenting Opinion
- The dissent argued that Article I of the Constitution sets only minimum qualifications, allowing states to impose additional qualifications based on the Reservation Clause.
- Asserted that a power does not need prior existence to be reserved by the states.
Significance
- The ruling reinforced the Supremacy Clause, clarifying that states cannot modify federal qualifications for office as enumerated in the Constitution.
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Description
Test your knowledge on the US Term Limits, Inc v Thornton case with these flashcards. This quiz covers key concepts such as the background of the case and the arguments presented by Representative Ray Thornton. Perfect for law students and those interested in political science.
