115 S.Ct. 1842 Page 1 514 U.S. 779, 115 S.Ct. 1842, 63 USLW 4413, 131 L.Ed.2d 881 (Cite as: 514 U.S. 779, 115 S.Ct. 1842) 393k7.1 k. In General. Most Cited Cases Briefs and Other Related Documents Allowing individual states to adopt their own qualifications for congressional service would be Supreme Court of the United States inconsistent with framers' vision of uniform national U.S. TERM LIMITS, INC., et al., Petitioners, legislature representing the people of the United v. States. U.S.C.A. Const. Art. 1, § § 2, cl. 2, 3, cl. 3. Ray THORNTON et al. Winston BRYANT, Attorney General of Arkansas, [2] United States 393 7.1 Petitioner, v. 393 United States Bobbie E. HILL et al. 393I Government in General Nos. 93-1456, 93-1828. 393k7 Congress 393k7.1 k. In General. Most Cited Cases Argued Nov. 29, 1994. With respect to Congress, framers of the Constitution Decided May 22, 1995. intended the Constitution to establish fixed qualifications in the sense that they may not be Action was brought challenging amendment to the supplemented by Congress. U.S.C.A. Const. Art. 1, Arkansas Constitution which precluded persons who § § 2, cl. 2, 3, cl. 3. had served certain number of terms in the United States Congress from having their names placed on [3] States 360 4.16(2) the ballot for election to Congress. The Circuit Court found that the provision violated the United 360 States States Constitution. The Arkansas Supreme Court 360I Political Status and Relations affirmed, 316 Ark. 251, 872 S.W.2d 349. On 360I(A) In General certiorari, the Supreme Court, Justice Stevens, held 360k4.16 Powers of United States and that: (1) states may not impose qualifications for Infringement on State Powers offices of the United States representative or United 360k4.16(2) k. Federal Laws Invading States senator in addition to those set forth by the State Powers. Most Cited Cases Constitution; (2) power to set additional Powers retained by the states under the Tenth qualifications was not reserved to the states by the Amendment proceed, not from the people of Tenth Amendment; and (3) state provision is America, but from the people of the several states unconstitutional when it has likely effect of and they remain, after adoption of the Constitution, handicapping a class of candidates and has the sole what they were before, except so far as they may be purpose of creating additional qualifications abridged by that instrument. U.S.C.A. Const.Amend. indirectly. 10. Affirmed. [4] States 360 4 Justice Kennedy filed a concurring opinion. 360 States 360I Political Status and Relations Justice Thomas filed a dissenting opinion in which 360I(A) In General Chief Justice Rehnquist, Justice O'Connor, and 360k4 k. Status Under Constitution of Justice Scalia joined. United States, and Relations to United States in General. Most Cited Cases West Headnotes States retain a significant measure of sovereign authority but they do so only to the extent that the [1] United States 393 7.1 Constitution has not divested them of their original powers and transferred those powers to the federal 393 United States government. U.S.C.A. Const.Amend. 10. 393I Government in General 393k7 Congress [5] States 360 4.4(3) © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 115 S.Ct. 1842 Page 2 514 U.S. 779, 115 S.Ct. 1842, 63 USLW 4413, 131 L.Ed.2d 881 (Cite as: 514 U.S. 779, 115 S.Ct. 1842) In the national government, representatives owe 360 States primary allegiance, not to the people of a state, but to 360I Political Status and Relations the people of the nation. 360I(A) In General 360k4.4 Powers Reserved to States [9] United States 393 7.1 360k4.4(3) k. Other Particular Powers. Most Cited Cases 393 United States 393I Government in General United States 393 7.1 393k7 Congress 393k7.1 k. In General. Most Cited Cases 393 United States Even if states possessed as part of their original 393I Government in General powers some control over congressional 393k7 Congress qualifications, the qualifications clauses were 393k7.1 k. In General. Most Cited Cases intended to preclude states from exercising any such Power to add qualifications for the offices of power and to fix as exclusive the qualifications set congressman and senator is not part of the original forth in the Constitution. U.S.C.A. Const. Art. 1, § § powers of sovereignty which the Tenth Amendment 2, cl. 2, 3, cl. 3. reserved to the states. U.S.C.A. Const. Art. 1, § § 2, cl. 2, 3, cl. 3; Amend. 10. [10] States 360 18.71 [6] States 360 4.4(1) 360 States 360I Political Status and Relations 360 States 360I(B) Federal Supremacy; Preemption 360I Political Status and Relations 360k18.71 k. Public Officers and 360I(A) In General Employees; Elections. Most Cited Cases 360k4.4 Powers Reserved to States 360k4.4(1) k. In General. Most Cited United States 393 7.1 Cases States can exercise no powers whatsoever which 393 United States exclusively spring out of the existence of the national 393I Government in General government which the Constitution does not delegate 393k7 Congress to them, and no state can say that it has reserved what 393k7.1 k. In General. Most Cited Cases it never possessed. U.S.C.A. Const.Amend. 10. State-imposed restrictions on qualifications for Congress violate the idea that the right to choose [7] Taxation 371 2006 representatives belongs, not to the states, but to the people. U.S.C.A. Const. Art. 1, § § 2, cl. 2, 3, cl. 3. 371 Taxation 371I In General [11] United States 393 7.1 371k2004 Power of State 371k2006 k. United States Entities, 393 United States Property, and Securities. Most Cited Cases 393I Government in General (Formerly 371k9) 393k7 Congress Constitution's silence on the subject of state power to 393k7.1 k. In General. Most Cited Cases tax corporations chartered by Congress does not Congress of the United States is not a confederation imply that the states have reserved power to tax such of nations in which separate sovereigns are federal instrumentalities. U.S.C.A. Const.Amend. represented by appointed delegates but is instead a 10. body composed of representatives of the people. [8] United States 393 7.1 [12] United States 393 1 393 United States 393 United States 393I Government in General 393I Government in General 393k7 Congress 393k1 k. Nature of the Union. Most Cited 393k7.1 k. In General. Most Cited Cases Cases © 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 115 S.Ct. 1842 Page 3 514 U.S. 779, 115 S.Ct. 1842, 63 USLW 4413, 131 L.Ed.2d 881 (Cite as: 514 U.S. 779, 115 S.Ct. 1842) Ours is a government of the people, by the people, or two or more terms as a member of the United for the people. States Senate was not a mere regulation of the times, places, and manner of holding elections but, rather, [13] United States 393 7.1 was an impermissible qualification for office. U.S.C.A. Const. Art. 1, § § 2, cl. 2, 3, cl. 3, 4, cl. 1. 393 United States 393I Government in General [16] United States 393 7.1 393k7 Congress 393k7.1 k. In General. Most Cited Cases 393 United States Constitutionality of state law setting forth 393I Government in General qualifications for Congress would not depend on the 393k7 Congress method of its adoption, and the people of the state, in 393k7.1 k. In General. Most Cited Cases enacting a measure, have no more power than does State provision is unconstitutional when it has a the state legislature to supplement the qualifications likely effect of handicapping a class of candidates for for service in Congress. U.S.C.A. Const. Art. 1, § § Congress and has the sole purpose of creating 2, cl. 2, 3, cl. 3. additional qualifications indirectly. U.S.C.A. Const. Art. 1, § § 2, cl. 2, 3, cl. 3. FN* [14] Constitutional Law 92 38 **1843 Syllabus 92 Constitutional Law FN* The syllabus constitutes no part of the 92II Construction, Operation, and Enforcement of opinion of the Court but has been prepared Constitutional Provisions by the Reporter of Decisions for the 92k37 Validity of Statutory Provisions convenience of the reader. See United 92k38 k. In General. Most Cited Cases States v. Detroit Lumber Co., 200 U.S. 321, Constitution nullifies sophisticated as well as simple- 337, 26 S.Ct. 282, 287, 50 L.Ed. 499. minded modes of infringing on constitutional protections. *779 Respondent Hill filed this suit in Arkansas state court challenging the constitutionality of § 3 of [15] States 360 18.71 Amendment 73 to the Arkansas Constitution, which prohibits the name of an otherwise-eligible candidate 360 States for Congress from appearing on the general election 360I Political Status and Relations ballot if that candidate has already served three terms 360I(B) Federal Supremacy; Preemption in the House of Representatives or two terms in the 360k18.71 k. Public Officers and Senate. The trial court held that § 3 violated Article Employees; Elections. Most Cited Cases I of the Federal Constitution, and the Arkansas Supreme Court affirmed. A plurality of the latter court concluded that the States have no authority “to United States 393 7.1 change, add to, or diminish” the age, citizenship, and residency requirements for congressional service 393 United States enumerated in the Qualifications Clauses, U.S.