US Term Limits, Inc v Thornton

Opinion of the Court

First, the Court upheld the Arkansas Supreme Court decision based on Powell v McCormack based on the Supremacy Clause. The Tenth Amendment (Reservation Clause) was not applicable because the states cannot reserve a right they never had in the first place. Second, the Court ruled that it was unconstitutional even though it only limited the ability to add one's name to the ballot because it is a blatant twisting of rights seeking to sidestep the constitution.

Opinion of the Court Delivered By

Justice Stevens

Dissenting Opinion Delivered By

Justice Thomas

Thornton Argument

Representative Ray Thornton as well as others argued that this law was in violation of the US Constitution. The Arkansas Supreme Court declared it to be unconstitutional on the basis of Powell v McCormack, stating it established that the US Constitution establishes the sole qualifications for federal office and states may not alter them.

Dissenting Opinion

The Amendment was constitutional because it Article I of the Constitution only sets the minimum requirements for office, and states may add to these qualification as they see fit based on the Reservation Clause. A power need not be previously held in order to be reserved presently.

US Term Limits Argument

The Amendment was constitutional because it did not restrict anyone from office. Instead it only restricts from having one's name appear on the ballot, allowing for the provision of election through write-in. It was also Constitutional on the basis of the states' power to regulate the Times, Places, and Manner of Holding Elections.

Background

US Term Limits Inc had passed legislation in many states limiting the number of terms a senator or representative could be elected for. Arkansas passed Amendment 73 which limited the ability of those who had served 2 terms in the Senate or 3 terms in the House from having their name appear on the ballot.

Significance?

Upheld Supremacy Clause. Settled that no one could alter or add to the qualifications of federal office enumerated by the Constitution.