Venue: |
SCOTUS
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Facts: |
Arkansas has amended its constitution so that there are term
limits on its reresentatives to congress. |
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Posture: |
Unclear. |
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Issue: |
Is this amendment constitutional? |
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Holding: |
No. |
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Rule: |
Permitting the states to have their own individual restrictions on
their representatives would result in a patchwork and undermine
the uniformity and national character that the founders
envisioned. |
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Reasoning: |
The qualifications for service in congress are fixed, and can't
be added to. This is a federal office, so the reasoning is
the same as whi states can't add qualifications for the
presidency. Also, the people have the right to vote for
whom they wish, and this right belongs to the people, not
the states. |
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Dicta: |
Thomas (dissenting): Where the constitution is silent, it raises
no bar to action by the states or the people. Also, incumbants
have enormous advantages. |
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