Sunday, March 25, 2012

U.S. Term Limits, Inc. v. Thornton case brief

U.S. Term Limits, Inc. v. Thornton (1995)
Facts: AK inserted provision into state constitution saying one could not serve in House for AK if already elected to three or more terms, or serve in Senate for AK if already served two or more terms.

Are state-imposed term limits on federal officials constitutional?
Holding: The power to add qualifications was not within the original powers of the pre-Constitution states, and the Framers intended that the Constitution be the exclusive source of qualifications for members of Congress.
  1. Said that b/f the federal government came into existence, the states had no power to tax (McCulloch)
  2. Constitution generally and the Qualifications Clauses particularly assured that for the “National Government, representatives owe primary allegiance not to the people of a State, but to people of the Nation.”

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