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Re: Constitutional Question: Term Limits
In 1955, the U.S. Supreme Court decided 5-4 in U.S. Term Limits v. Thornton that the states could not impose term limits. The court held an Arkansas law in violation of Article I, Section 5, Clause 1, which says "Each house shall be the judge of the . . . qualifications of its own members . . . ."
Although there have been periodic attempts to impose congressional term limits by constitutional amendment, those have all been fatally flawed by simple logic: they have all been proposed by the part out of power, which lacked the votes to pass them. Once the party gained power, it lost interest in limiting that power.
I do not remember any attempt to use constitutional amendment to delegate term limit powers to the states. I could imagine 14th Amendment problems for any such attempt, but that's just my opinion.
--lemit
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The only second chance we get in life is a chance to make the same mistake twice. --David Mamet
A mind is a terrible thing to close.
Entropy is just nature's way of telling us it's time to slow down.
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