1. U.S. Term Limits, Inc. v. Thornton, (1995)
2. Facts: Arkansas, by popular vote, adopted a State constitutional amendment that prohibited the eligibility of candidates for placing their name on the ballot for re-election if they have already served 2 terms (in the U.S. Senate) or 3 terms (in the U.S. House).
3. Procedural Posture: The lower courts found that the amendment violated the federal constitution.
4. Issue: Whether the states may prescribe additional qualifications for candidates who are otherwise eligible under the federal constitution to have their name placed on the congressional ballot.
5. Holding: No.
6. Majority Reasoning: [Stevens] There is overwhelming historical evidence that it was the intent of the Framers that the qualifications set forth in the Constitution for membership in the House and Senate be the exclusive requirements. It is fundamental that the people be able to choose who is to represent them, not the states. In Powell, the court held that the House of Representatives has no authority to exclude any person, duly elected by his constituents, who meets all of the requirements for membership expressly prescribed in the Constitution. This reasoning applies to the power of States to prescribe additional qualifications as well. The power to add additional qualifications is not within the original powers of the states, and thus not preserved by the 10th amendment. Also, even if it were and original power, it has been divested by the constitution. Only an amendment to the federal constitution can change the framework of the election process so drastically.
7. Dissent Reasoning: [Thomas] Nothing in the Constitution deprives the people of each state to prescribe eligibility requirements for the candidates who seek to represent them in Congress. The states do enjoy reserved powers over the selection of their congressional representatives.
