Sunday, December 8, 2013

United States Term Limits, Inc. v. Thornton case brief

United States Term Limits, Inc. v. Thornton case brief summary
514 U.S. 779 (1995)


CASE SYNOPSIS
Petitioners challenged a decision of the Arkansas Supreme Court that affirmed a ruling of the trial court that declared unconstitutional Ark. Constitutional Amendment LXXIII, which limited the amount of terms that one could serve in the U.S. Congress.

CASE FACTS
The people of Arkansas voted to amend the state constitution to impose term limits upon the individuals it elected to Congress. Ark. Constitutional Amendment LXXIII limited persons seeking office in the House of Representatives to three terms and in the Senate to two terms. Respondent challenged the amendment and the trial court held that it was unconstitutional. The state supreme court upheld that ruling stating that states have no authority to change, add to, diminish the requirements of the Qualifications Clauses, U.S. Constitutional Art. I, § 2, Art. I, § 3, cl. 7.

HOLDING
The U.S. Supreme Court affirmed.

CONCLUSION
The lower court rulings were affirmed because any changes with respect to term limits must be made, not by legislation, but rather through the amendment procedures set forth in the U.S. Constitution.

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