U.S. Term Limits, Inc. v. Thornton
Encyclopedia
U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779
(1995),
was a case in which the Supreme Court of the United States
ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those specified in the Constitution. The decision invalidated the Congressional term limit
provisions of 23 states. The parties to the case were U.S. Term Limits
, a non-profit advocacy group, and the politician Ray Thornton
, among others.
73 to the Arkansas Constitution
denied ballot access
to any federal Congressional
candidate having already served three terms in the U.S. House
or two terms in the U.S. Senate
. However, such a candidate was not barred from being written-in and winning by that method.
Soon after the amendment's adoption by ballot measure at the general election
on November 3, 1992, Bobbie Hill, a member of the League of Women Voters
, sued in state court to have it invalidated
. She alleged that the new restrictions amounted to an unwarranted expansion of the specific qualifications for membership in Congress enumerated in the U.S. Constitution
:
and:
Also critical to the issue is the 17th Amendment
, which transferred power to select US Senators from the state legislature, to the people of the state:
Both the trial court and the Arkansas Supreme Court
agreed with Hill, declaring Amendment 73 unconstitutional.
concluded that:
He further ruled that sustaining Amendment 73 would result in "a patchwork of state qualifications" for U.S. Representatives, and described that consequence as inconsistent with "the uniformity and national character that the framers sought to ensure." Concurring, Justice Anthony Kennedy
wrote that the amendment would interfere with the "relationship between the people of the Nation and their National Government."
Justice Clarence Thomas
, in dissent, countered that:
He also noted that the amendment did not actually prevent anyone from election since it only prevents prospective fourth termers from being printed on the ballot but not from being written-in, and therefore did not overstep the qualifications clause of the federal Constitution.
The American Civil Liberties Union
participated in the trial as an amicus curiae
, urging it to uphold the Arkansas Supreme Court's decision.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1995),
was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those specified in the Constitution. The decision invalidated the Congressional term limit
Term limits in the United States
Term limits in the United States apply to many offices at both the federal and state level, and date back to the American Revolution.-Pre-constitution:...
provisions of 23 states. The parties to the case were U.S. Term Limits
U.S. Term Limits
U.S. Term Limits is a non-profit organization that lobbies for term limits for elected officials at every level of government in the United States. Among other activities, USTL supports ballot initiatives in numerous states. The organization was established in 1992, and is one of several led by...
, a non-profit advocacy group, and the politician Ray Thornton
Ray Thornton
Raymond Hoyt "Ray" Thornton, Jr. is a former U.S. Representative from the US state of Arkansas.Thornton earned a degree in political science from Yale University and, later, a law degree from the University of Arkansas...
, among others.
Background
AmendmentConstitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
73 to the Arkansas Constitution
Arkansas Constitution
The Constitution of the State of Arkansas is the governing document of the U.S. state of Arkansas. It was adopted in 1874, shortly after the Brooks-Baxter War replacing the 1868 constitution that had allowed Arkansas to rejoin the Union after the conclusion of the American Civil War; the new...
denied ballot access
Ballot access
Ballot access rules, called nomination rules outside the United States, regulate the conditions under which a candidate or political party is either entitled to stand for election or to appear on voters' ballots...
to any federal Congressional
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
candidate having already served three terms in the U.S. House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
or two terms in the U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. However, such a candidate was not barred from being written-in and winning by that method.
Soon after the amendment's adoption by ballot measure at the general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
on November 3, 1992, Bobbie Hill, a member of the League of Women Voters
League of Women Voters
The League of Women Voters is an American political organization founded in 1920 by Carrie Chapman Catt during the last meeting of the National American Woman Suffrage Association approximately six months before the Nineteenth Amendment to the United States Constitution gave women the right to vote...
, sued in state court to have it invalidated
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. She alleged that the new restrictions amounted to an unwarranted expansion of the specific qualifications for membership in Congress enumerated in the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
:
and:
Also critical to the issue is the 17th Amendment
Seventeenth Amendment to the United States Constitution
The Seventeenth Amendment to the United States Constitution established direct election of United States Senators by popular vote. The amendment supersedes Article I, § 3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures...
, which transferred power to select US Senators from the state legislature, to the people of the state:
Both the trial court and the Arkansas Supreme Court
Arkansas Supreme Court
The Arkansas Supreme Court is the highest court in the U.S. state of Arkansas. Since 1925, it has consisted of a Chief Justice and six Associate Justices, and at times Special Justices are called upon in the absence of a regular justice...
agreed with Hill, declaring Amendment 73 unconstitutional.
Supreme Court decision
The Supreme Court affirmed by a 5-4 vote. The majority and minority articulated different views of the character of the federal structure established in the Constitution. Writing for the majority, Justice John Paul StevensJohn Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
concluded that:
He further ruled that sustaining Amendment 73 would result in "a patchwork of state qualifications" for U.S. Representatives, and described that consequence as inconsistent with "the uniformity and national character that the framers sought to ensure." Concurring, Justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
wrote that the amendment would interfere with the "relationship between the people of the Nation and their National Government."
Justice Clarence Thomas
Clarence Thomas
Clarence Thomas is an Associate Justice of the Supreme Court of the United States. Succeeding Thurgood Marshall, Thomas is the second African American to serve on the Court....
, in dissent, countered that:
He also noted that the amendment did not actually prevent anyone from election since it only prevents prospective fourth termers from being printed on the ballot but not from being written-in, and therefore did not overstep the qualifications clause of the federal Constitution.
The American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
participated in the trial as an amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
, urging it to uphold the Arkansas Supreme Court's decision.
See also
- List of United States Supreme Court cases, volume 514
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court