{ "id": "95-646", "type": "CRS Report", "typeId": "REPORTS", "number": "95-646", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 103940, "date": "1995-05-31", "retrieved": "2016-05-24T21:03:38.057941", "title": "The Unconstitutionality of State Congressional Term Limits: An Overview of U.S. Term Limits, Inc. v. Thornton (Sup. Ct. Doc. No. 93-1456)", "summary": "On May 22, 1995, the U.S. Supreme Court in U.S. Term Limits, Inc. v. Thornton \n(Sup. Ct. Doc. No.\n93-1456) in a 5-4 decision held that Arkansas' constitutional amendment, Section 3 of Amendment\n73, providing for limitations on congressional terms of office was unconstitutional in that it\nestablished an additional qualification for congressional office in violation of Article I, Sections 2 and\n3 setting forth the three basic qualifications of age, citizenship and inhabitancy for Members of\nCongress. The Court affirmed the 1994 decision of the Arkansas Supreme Court which had ruled\nthat Amendment 73 to the Arkansas Constitution limiting the terms of Members of Congress was\nunconstitutional in violation of the Qualifications Clauses of Article I because state term limits\nimposed an impermissible additional qualification on congressional candidates (See the Arkansas\nSupreme case, U.S. Term Limits, Inc. v. Hill, 316 Ark. 251, 872 S.W. 2d 349, 355-56\n(1994)). The\nCourt also rejected Arkansas' argument that it had the power under the Elections Clause of Article\nI, Section 4, Clause 1 to restrict congressional incumbents' access to the ballot by imposing state term\nlimitations. (See also, e.g., Bryant v. Hill , Sup. Ct Doc. No. 93-1828,\nconsolidated with U.S. Term\nLimits, Inc. v. Thornton, supra ).", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/95-646", "sha1": "d167a9864fcc6d342537d23b7b07bbfaa3df0006", "filename": "files/19950531_95-646_d167a9864fcc6d342537d23b7b07bbfaa3df0006.pdf", "images": null }, { "format": "HTML", "filename": "files/19950531_95-646_d167a9864fcc6d342537d23b7b07bbfaa3df0006.html" } ], "topics": [] } ], "topics": [ "American Law", "Constitutional Questions" ] }