US Term Limits case brief

US Term Limits case brief - Amanda Gammon Poli 4020 Fall...

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Unformatted text preview: Amanda Gammon Poli 4020 Fall 2007 Case Brief 2 US Term Limits, Inc. v. Thornton (1995) Triggered Dispute: In Arkansas, voters approved Amendment 73 limiting terms for federal office holders during the 1992 election. When a current Congressman Ray Thornton went to run for reelection, he was not allowed to put his name on the ballot. Mr. Thornton sued claiming that the constitution establishes the qualifications for federal office and the states cannot amend these. He said this violated the qualifications clause of Article I Section 2 and goes against the precedence of Powell v. McCormack. Those for term limits used Article 1 Section 4 that said, “Times, places and manner for electing Senators and Representatives are determined by the state”. They say Powell v. McCormack does not apply because it spoke about the ability of the US House to alter the qualifications, not the states. Statute : Arkansas’s amendment 73 to the state constitution to limit the terms of US Representatives....
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This note was uploaded on 04/20/2008 for the course POLI 4020 taught by Professor Hoch during the Fall '07 term at LSU.

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US Term Limits case brief - Amanda Gammon Poli 4020 Fall...

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