term limits thornton argued november decided may page together bryant attorney general arkansas hill et also certiorari respondent hill filed suit arkansas state challenging constitutionality amendment arkansas constitution prohibits name candidate congress appearing general election ballot candidate already served three terms house representatives two terms senate trial held violated article federal constitution arkansas affirmed plurality latter concluded authority change add diminish age citizenship residency requirements congressional service enumerated qualifications clauses art cl art cl rejected argument amendment constitutional formulated ballot access restriction rather outright disqualification congressional incumbents held section amendment arkansas constitution violates federal constitution pp power granted house congress judge qualifications members art cl include power alter add qualifications set forth constitution text powell mccormack examining powell analysis qualifications clauses history text articulation basic principles democratic system reaffirms page ii constitutional qualifications congressional service fixed least sense may supplemented congress pp constitution prohibits imposing congressional qualifications additional specifically enumerated text petitioners argument possess control qualifications part original powers reserved tenth amendment rejected two reasons first power add qualifications within original powers new right arising constitution thus reserved second even possessed original power area must concluded framers intended constitution exclusive source qualifications members congress framers thereby divested power add qualifications demonstrated unanimity among courts learned commentators considered issue constitution structure text pertinent constitutional provisions including art cl art cl art art cl relevant historical materials including records constitutional convention ratification debates well congress subsequent experience state attempts impose qualifications importantly fundamental principle representative democracy people choose please govern powell permitting individual formulate diverse qualifications congressional representatives result patchwork inconsistent framers vision uniform national legislature representing people fact immediately adoption constitution many imposed term limits qualifications state officers one state imposed qualification members congress provides persuasive evidence general understanding qualifications constitution unalterable pp state congressional term limits measure unconstitutional likely effect handicapping class candidates sole purpose creating additional qualifications indirectly rejects petitioners argument amendment valid merely precludes certain congressional candidates certified names appear ballot allows run candidates serve elected even petitioners narrow understanding qualifications correct amendment must fall indirect attempt evade page iii qualifications clauses requirements trivializes basic democratic principles underlying clauses agree petitioners related argument amendment permissible exercise state power elections clause art cl regulate times places manner holding elections necessary consequence argument congress power elections clause make alter measure amendment result unfathomable powell moreover petitioners broad construction fundamentally inconsistent framers view elections clause intended grant authority protect integrity regularity election process regulating election procedures see storer brown provide license impose substantive qualifications exclude classes candidates federal office pp state imposition term limits congressional service effect fundamental change constitutional framework must come constitutional amendment properly passed procedures set forth article absent amendment allowing individual craft congressional qualifications erode structure designed framers form perfect union pp stevens delivered opinion kennedy souter ginsburg breyer joined kennedy filed concurring opinion thomas filed dissenting opinion rehnquist scalia joined term limits thornton justice stevens delivered opinion constitution sets forth qualifications membership congress article cl applies house representatives provides person shall representative shall attained age twenty five years seven years citizen shall elected inhabitant state shall chosen person shall senator shall attained age thirty years nine years citizen shall elected inhabitant state term limits thornton shall chosen general election november voters arkansas adopted amendment state constitution proposed term limitation amendment preamble stated people arkansas find declare elected officials remain office long become preoccupied reelection ignore duties representatives people entrenched incumbency reduced voter participation led electoral system less free less competitive less representative system established founding fathers therefore people arkansas exercising reserved powers term limits thornton herein limit terms elected officials person elected three terms member house representatives arkansas shall certified candidate shall eligible name placed ballot election house representatives arkansas person elected two terms member senate arkansas shall certified candidate shall eligible name placed ballot election senate arkansas november respondent bobbie hill behalf similarly situated arkansas citizens residents taxpayers registered voters league women voters arkansas filed complaint circuit pulaski county arkansas seeking declaratory judgment amendment unconstitutional void complaint named defendants clinton state officers term limits thornton republican party arkansas democratic party arkansas state arkansas attorney general petitioner winston bryant intervened party defendant support amendment several proponents amendment also intervened including petitioner term limits summary judgment circuit held amendment violated article federal constitution respect holding decision arkansas affirmed term limits hill ark writing plurality three justices justice robert brown concluded congressional restrictions amendment unconstitutional authority change add diminish requirements congressional service enumerated qualifications clauses noted one watchword representation various congress uniformity federal legislators speak national issues affect citizens every state uniformity qualifications mandated article provides tenor fabric representation congress piecemeal restrictions state fly term limits thornton face order ibid two justices dissented federal constitutional holding justice hays started premise political authority resides people limited provisions federal state constitutions specifically contrary examination text history qualifications clauses convinced constitution contains express implicit restriction ability impose additional qualifications candidates congress justice hays concluded constitutional special chief justice cracraft drawing distinction measure impose absolute bar incumbent succession measure merely makes difficult incumbent elected concluded amendment even implicate qualifications clauses instead merely permissible ballot access restriction state arkansas attorney general intervenors petitioned writs certiorari importance issues granted petitions consolidated cases argument see term limits thornton affirm ii opinions arkansas suggest constitutionality amendment depends critically resolution two distinct issues first whether constitution forbids adding altering qualifications specifically enumerated constitution second constitution forbid whether fact amendment formulated ballot access restriction rather outright disqualification constitutional significance resolution issues draws upon prior resolution related distinct issue whether congress power add alter qualifications members years ago powell mccormack reviewed history text qualifications clauses case involving term limits thornton attempted exclusion duly elected member congress principal issue whether power granted house art judge qualifications members includes power impose qualifications set forth text constitution opinion chief justice warren eight members held obvious importance issue review history meaning relevant constitutional text especially thorough therefore begin analysis today full statement decided case issue powell november adam clayton powell elected district new york serve house representatives congress allegations engaged serious misconduct serving committee chairman congress led appointment select committee determine eligibility take term limits thornton seat committee found powell met age citizenship residency requirements set forth art cl committee also found however powell wrongfully diverted house funds use others made false reports expenditures foreign currency based findings house debate adopted house resolution excluding powell membership house declared seat vacant see powell several voters district elected filed suit seeking declaratory judgment house resolution invalid art cl sets forth exclusive qualifications house membership ultimately accepted contention concluding house representatives authority exclude person duly elected constituents meets requirements membership expressly prescribed constitution emphasis original see also reaching conclusion undertook detailed historical review determine intent framers though recognizing constitutional term limits thornton convention debates inconclusive see determined relevant historical materials reveal congress power alter qualifications text constitution powell reliance history started analysis powell examining british experience qualifications membership parliament focusing particular experience john wilkes serving member parliament wilkes published attack peace treaty france literary endeavor earned wilkes conviction seditious libel prison sentence addition parliament declared wilkes ineligible membership ordered expelled despite perhaps difficulties wilkes reelected several times parliament however persisted refusal seat several years wilkes efforts house commons voted expunge resolutions expelled wilkes declared ineligible labeling prior actions subversive rights whole body electors kingdom quoting parliamentary history england parl hist reviewing wilkes long bitter struggle right british electorate represented men choice concluded powell eve constitutional convention english precedent stood proposition law land regulated qualifications members serve parliament qualifications occasional fixed quoting parl hist eng historical background viewed convention debates manifesting framers intent term limits thornton qualifications constitution fixed exclusive found particularly revealing debate concerning proposal made committee detail given congress power add property qualifications james madison argued power vest improper dangerous power legislature legislature degrees subvert constitution quoting records federal convention pp farrand ed hereinafter farrand madison continued republic may converted aristocracy oligarchy well limiting number capable elected number authorised elect quoting farrand expressly noted parallel madison arguments made wilkes behalf striking framers revealed concerns congressional abuse power gouverneur morris suggested modifying proposal committee detail grant congress unfettered power add qualifications noted hugh williamson expressed concern majority legislature happen composed particular description men lawyers example future elections might secured body quoting farrand noted madison emphasized british parliament attempts regulate qualifications observed abuse made lesson worthy attention term limits thornton quoting farrand found significant convention rejected morris modification committee proposal also recognized powell ratification debates confirmed framers understood qualifications constitution fixed unalterable congress example noted response antifederalist charge new constitution favored wealthy alexander hamilton wrote truth method securing rich preference apprehended prescribing qualifications property either may elect elected forms part power conferred upon national government qualifications persons may choose chosen remarked upon occasions defined fixed constitution unalterable legislature quoting federalist rossiter ed emphasis added hereinafter federalist term limits thornton exercise congress power judge qualifications members confirmed understanding concluded first years existence congress strictly limited power judge qualifications members enumerated constitution elaborate summary reveals historical analysis powell detailed persuasive thus conclude powell history shows respect congress framers intended constitution establish fixed qualifications term limits thornton powell reliance democratic principles powell course rely solely analysis historical evidence instead complemented analysis examination basic principles democratic system noted allowing congress impose additional qualifications violate fundamental principle representative democracy people choose please govern quoting elliot debates hamilton new york opinion made clear broad principle incorporated least two fundamental ideas first emphasized egalitarian concept opportunity elected open noted particular madison statement federalist term limits thornton nder reasonable limitations enumerated constitution door part federal government open merit every description whether native adoptive whether young old without regard poverty wealth particular profession religious faith powell quoting federalist similarly noted wilson carey nicholas defended constitution charge violated democratic principles arguing ever considered great security liberty excluded right chosen legislature constitution amply attended idea find qualifications required except age residence quoting elliot debates second recognized critical postulate sovereignty vested people sovereignty confers people right choose freely representatives national government example noted robert livingston endorsed fundamental principle people best judges represent dictate control tell shall elect abridge natural rights quoting elliot debates similarly observed efore new york convention hamilton emphasized true principle republic people choose please govern representation imperfect proportion current popular favor checked great source free government popular election perfectly pure unbounded liberty allowed quoting elliot debates quoting statement made chairman house committee elections noted restrictions upon people term limits thornton choose representatives must limited absolutely necessary safety society quoting annals cong thus powell agreed sentiment expressed behalf wilkes admission parliament right electors represented men choice essential preservation rights considered one sacred parts constitution quoting parl hist eng powell thus establishes two important propositions first relevant historical materials compel conclusion least respect qualifications imposed congress framers intended qualifications listed constitution exclusive second conclusion equally compelled understanding fundamental principle representative democracy people choose please govern powell holding petitioners argue somewhat narrow holding powell involved power house exclude member pursuant art control general question whether congress power add qualifications powell however susceptible narrow reading conclusion congress may alter add qualifications constitution integral analysis outcome see noting framers understanding qualifications members congress fixed constitution two terms ago confirmed understanding powell nixon term limits thornton noting three qualifications membership specified art precise limited nature unalterable legislature explained conclusion powell based fixed meaning ualifications set forth art claim house power judge elections returns qualifications members textual commitment unreviewable authority defeated existence separate provision specifying qualifications might imposed house membership slip op term limits thornton sum examining powell historical analysis articulation basic principles term limits thornton democratic system reaffirm qualifications service congress set forth text constitution fixed least sense may supplemented congress iii reaffirmation powell necessarily resolve specific questions presented cases petitioners argue whatever constitutionality additional qualifications membership imposed congress historical textual materials discussed powell support conclusion constitution prohibits additional qualifications imposed absence constitutional prohibition petitioners argue tenth amendment principle reserved powers require allowed add qualifications addressing arguments find appropriate take note striking unanimity among courts considered issue none overwhelming array briefs submitted parties amici called attention even single case state federal approved state addition qualifications member congress contrary impressive number courts determined lack authority add qualifications see chandler howell eckwall stadelman stockton mcfarland state ex rel johnson crane wyo dillon fiorina supp stack adams supp nd buckingham state del stumpf lau danielson fitzsimmons term limits thornton opinion judges courts struck qualifications form term limits see thorsted gregoire supp wd stumpf lau district residency requirements see hellmann collier md dillon fiorina exon tiemann supp neb state ex rel chavez evans per curiam loyalty oath requirements see shub simpson md appeal dism misc super restrictions convicted felonies see application ferguson misc super danielson fitzsimmons state ex rel eaton schmahl per curiam prior powell commentators similarly unanimous see blackstone commentaries appendix tucker ed hese provisions require qualifications constitution may possibly found nugatory story member congress officer union deriving powers qualifications constitution neither created dependent upon controllable kent commentaries american law ed objections existence power part add qualifications palpable weighty admit discussion mccrary american law elections ed competent state add manner change qualifications federal office prescribed constitution laws cooley term limits thornton general principles constitutional law ed constitution laws determine shall qualifications federal offices state constitutions laws neither add take away burdick law american constitution clearly intention constitution persons disqualified terms instrument eligible federal office representative clear right add constitutional qualifications senators add representatives warren elimination power congress fix qualifications clearly left provisions constitution sole source qualifications impressive uniform body judicial decisions learned commentary indicates obstacles confronting petitioners formidable indeed petitioners argue constitution contains express prohibition qualifications amendment therefore appropriate exercise state reserved power place additional restrictions choices voters may term limits thornton make disagree two independent reasons first conclude power add qualifications within original powers thus reserved tenth amendment second even possessed original power area conclude framers intended constitution exclusive source qualifications members congress framers thereby divested power add qualifications plan convention illuminated historical materials opinions text tenth amendment draws basic distinction powers newly created federal government powers retained sovereign chief justice marshall explained neither necessary proper define powers retained powers proceed people america people several remain adoption constitution except far may abridged instrument sturges crowninshield wheat classic statement chief justice endorsed hamilton reasoning federalist plan constitutional convention contemplate entire consolidation one complete national sovereignty partial consolidation state governments clearly retain rights sovereignty act exclusively delegated federalist text tenth amendment unambiguously confirms principle powers delegated constitution prohibited reserved respectively term limits thornton people source power contrary petitioners assertions power add qualifications part original powers sovereignty tenth amendment reserved petitioners tenth amendment argument misconceives nature right issue amendment reserve existed justice story recognized exercise powers whatsoever exclusively spring existence national government constitution delegate state say reserved never possessed story justice story position thus echoes chief justice marshall mcculloch maryland wheat mcculloch rejected argument constitution silence subject state power tax corporations chartered congress implies reserved power tax federal instrumentalities chief justice marshall pointed original right tax federal entities never existed question whether surrendered arise see also crandall nevada wall language term limits thornton presaged justice story argument chief justice marshall concluded opinion deprive resources originally possessed respect setting qualifications service congress right existed constitution ratified contrary argument overlooks revolutionary character government framers conceived prior adoption constitution joined together articles confederation system retained sovereignty like independent nations bound together treaties wesberry sanders constitutional convention convened framers presented eventually adopted variation plan merely amend articles confederation create entirely new national government national executive national judiciary national legislature adopting plan framers envisioned uniform national system rejecting notion nation collection instead creating direct link national government people see ferc mississippi concurring judgment part dissenting part constitution permitt ed direct contact national government individual citizen national government representatives owe primary allegiance people term limits thornton state people nation justice story observed member congress officer union deriving powers qualifications constitution neither created dependent upon controllable officers owe existence functions voice whole portion people story representatives senators much officers entire union president thus much right prescribe new qualifications representative president original prerogative state power appoint representative senator president union ibid believe constitution reflects framers general agreement approach later articulated justice story example art cl provides house shall judge elections returns qualifications members text constitution thus gives representatives people final say judging qualifications representatives one state reason dissent falters people georgia say people massachusetts select represent congress post two sections constitution support view framers vision first consistent term limits thornton story view constitution provides salaries representatives ascertained law paid treasury art rather individual salary provisions reflect view representatives owe allegiance people second provisions governing elections reveal framers understanding powers election federal officers delegated rather reserved surely coincidence context federal elections provides one areas constitution expressly requires action namely times places manner holding elections senators representatives shall prescribed state legislature thereof duty parallels duty article ii state shall appoint manner legislature thereof may direct number electors art cl clauses express delegations power act respect federal elections conclusion consistent previous recognition certain limited contexts power regulate incidents federal system reserved power rather delegated constitution thus noted hile loose sense right vote representatives congress sometimes spoken right derived statement true sense authorized constitution legislate subject provided art classic cf hawke smith power ratify proposed amendment federal constitution term limits thornton source federal constitution act ratification state derives authority federal constitution state people alike assented short framers recognized electing representatives national legislature new right arising constitution tenth amendment thus provides basis concluding possess reserved power add qualifications fixed constitution instead state power set qualifications membership congress must derive reserved powers state sovereignty rather delegated powers national sovereignty absence constitutional delegation power add qualifications enumerated constitution power exist preclusion state power even believed possessed part original powers control congressional qualifications text structure constitution relevant historical materials importantly basic principles democratic system demonstrate qualifications clauses intended preclude exercising power fix exclusive qualifications constitution much historical analysis undertaken powell see supra however additional historical evidence pertains directly power evidence though perhaps extensive reviewed powell leads unavoidably conclusion lack power add qualifications term limits thornton convention ratification debates available affirmative evidence indicates framers intent role setting qualifications federalist paper dealing house representatives madison addressed qualifications electors elected federalist madison first noted difficulty achieving uniformity qualifications electors resulted framers decision require qualifications federal electors state electors madison argued decision must satisfactory every state comfortable standard already established may established state madison explicitly contrasted state control qualifications electors lack state control qualifications elected qualifications elected less carefully properly defined state constitutions time susceptible uniformity properly considered regulated convention representative must age years must seven years citizen must time election inhabitant state represent time service must office reasonable limitations door part federal government open merit every description whether native adoptive whether young old without regard poverty wealth term limits thornton particular profession religious faith ibid term limits thornton objects popular choice every citizen whose merit may recommend esteem confidence country qualification wealth birth religious faith civil profession permitted fetter judgment disappoint inclination people federalist emphasis added term limits thornton framers discussion salary representatives reveals similar concerns issue first raised madison argued congressional compensation fixed constitution rather left state legislatures otherwise create improper dependence farrand george mason agreed noting parsimony might reduce provision low question fit chosen term limits thornton willing serve ibid issue later reopened nathaniel gorham stated wished refer matter state legislatures always paring salaries manner keep offices men capable executing functions edmund randolph agreed pay members nat ional legislature dependence created vitiate whole system ibid rufus king urged danger creating dependence hamilton noted hose pay masters paid convention ultimately agreed vest congress power set compensation see art light framers evident concern try undermine national government intended power set qualifications indeed one anomalous consequences petitioners argument accepts federal supremacy procedural aspects determining times places manner elections allowing carte blanche respect substantive qualifications membership congress dissent nevertheless contends framers distrust respect elections preclude people adopting eligibility requirements help narrow choices see post dissent concedes post however framers unquestionably concerned simply hold elections federal officers therefore framers gave congress term limits thornton power make alter state election regulations yet dissent approach achieve exactly result simply setting qualifications federal office sufficiently high one meet qualifications view inconceivable framers provide specific constitutional provision ensure federal elections held time allowing render elections meaningless simply ensuring candidate qualified office given framers wariness potential state abuse must conclude specification fixed qualifications constitutional text intended prescribe uniform rules preclude modification either congress find evidence framers intent art cl provides house shall judge elections returns qualifications members art vests federal tribunal ultimate authority judge member qualifications fully consistent understanding qualifications fixed federal constitution term limits thornton understanding altered right prescribe additional qualifications property educational professional qualifications representatives state law provide standard judging member eligibility concluded murdock memphis wall federal questions generally answered finally federal tribunals rights depend federal law everywhere construction uniform judging questions concerning rights depend state law however normally assigned federal tribunals see constitution provision house judge qualifications thus provides evidence framers believed primary source qualifications federal law also find compelling complete absence ratification debates assertion power add qualifications debates question whether require term limits rotation major source controversy draft constitution submitted ratification contained provision rotation arguments echo preamble arkansas amendment opponents ratification condemned absence rotation requirement noting doubt senators hold office perpetually situation must necessity lose dependence attachments people even proponents term limits thornton ratification expressed concern abandonment every instance necessity rotation office several ratification conventions participants term limits thornton proposed amendments required rotation federalists responses criticisms proposals addressed merits issue arguing rotation incompatible people right choose noted robert livingston argued people best judges represent dictate control tell shall elect abridge natural rights rotation absurd species ostracism elliot debates regardless side better debate rotation striking nowhere extensive ratification debates found statement either proponent opponent rotation draft constitution permit require rotation representatives citizens participants debate believed retained authority impose term term limits thornton limits inconceivable federalists made obvious response arguments forces absence otherwise freewheeling debate suggestion power impose additional qualifications unquestionably reflects framers common understanding lacked power short assumed add additional qualifications assumption provided basis powerful rebuttal arguments advanced failure intelligent experienced advocates utilize argument must reflect general agreement premise unsound power add qualifications one constitution denied term limits thornton congressional experience congress subsequent experience qualifications provides evidence general consensus lack state power area powell examined experience noted first years existence congress strictly limited power judge qualifications members enumerated constitution congress first confronted issue faced challenge qualifications william mccreery representative maryland allegedly satisfy residency requirement imposed state recommending mccreery seated report house committee term limits thornton elections noted committee proceeded examine constitution relation case submitted find qualifications members therein determined without reserving authority state legislatures change add diminish qualifications instrument congress constituted sole judge qualifications prescribed obliged decide agreeably constitutional rules powell quoting annals cong emphasis added committee elections considered qualifications members unalterably determined federal convention unless changed authority equal framed constitution first neither state federal legislatures vested authority add qualifications change powell quoting annals cong term limits thornton though house debate may inconclusive commentators time apparently viewed seating mccreery confirmation lack power add qualifications example letter joseph cabell thomas jefferson noted argument add new qualifications constitution much alteration detract added think house representatives congress decided case believe member baltimore letter joseph cabell writings thomas jefferson lipscomb ed similarly years prior powell commentators viewed seating mccreery expression view house add qualifications established constitution thus example referring mccreery debates one commentator noted decision case another contested election seems settled right require qualifications members different addition prescribed constitution cases contested elections congress clarke hall eds emphasis original commentators viewed incident similarly see paschal constitution citing mccreery support proposition constitution fixed qualifications members additional qualifications rightfully required emphasis original mccrary american law elections ed citing mccreery stating state law requiring representative congress shall reside particular term limits thornton town country within district chosen unconstitutional void sutherland notes constitution citing mccreery support statement clause fixes qualifications members far state action concerned additional qualifications required state burdick law american constitution citing mccreery support proposition limitations held effective finally clear powell viewed seating mccreery house acknowledgment qualifications constitution fixed see senate experience qualifications supports conclusions example senate seated charles faulkner west virginia despite fact provision west virginia constitution purported render ineligible serve senate committee privileges elections unanimously concluded state prescribe qualification office senator addition declared constitution senate committee rules administration reached conclusion faced challenge pierre salinger appointed serve senator california see well settled qualifications established constitution office senator exclusive state constitutional statutory provisions add enlarge upon qualifications recognize powell congressional practice erratic precedential term limits thornton value congressional exclusion cases quite limited powell nevertheless incidents lend support result reach today democratic principles conclusion lack power impose qualifications vindicates fundamental principle representative democracy recognized powell namely people choose please govern internal quotation marks omitted noted earlier powell recognized egalitarian ideal election national legislature open people merit provided critical foundation constitutional structure egalitarian theme echoes throughout constitutional debates federalist example madison wrote objects popular choice every citizen whose merit may recommend esteem confidence country qualification wealth birth religious faith civil profession permitted fetter judgment disappoint inclination people federalist term limits thornton similarly believe qualifications much congressionally imposed qualifications undermine second critical idea recognized powell aspect sovereignty right people vote wish source qualification little moment assessing qualification restrictive impact finally restrictions unlike congressionally imposed restrictions issue powell violate third idea central basic principle right choose representatives belongs people start framers recognized great radical vice articles confederation principle legislation governments corporate term limits thornton collective capacities contradistinguished individuals consist federalist hamilton thus framers perhaps important contribution conceived federal government directly responsible people possessed direct power people chosen directly people see supra framers implemented ideal clearly provision extant beginning republic calls members house representatives chosen every second year people several art cl following adoption amendment ideal extended elections senate congress therefore confederation nations separate sovereigns represented appointed delegates instead body composed representatives people chief justice john marshall observed government union emphatically truly government people form substance emanates powers granted exercised directly benefit mcculloch maryland government people people people lincoln gettysburg address framers deemed principle critical discussed qualifications example debates residency requirements morris noted term limits thornton house people large represented farrand emphasis original omitted similarly george read noted framers forming nati ona gov ernmen regulation correspond little idea one people ibid emphasis original james wilson enforced consideration ibid consistent views constitutional structure provides uniform salary paid national treasury allows limited role federal elections maintains strict checks state interference federal election process constitution also provides qualifications representatives state judged representatives entire nation constitution thus creates uniform national body representing interests single people permitting individual formulate diverse qualifications representatives result patchwork state qualifications undermining uniformity national character framers envisioned sought ensure cf mcculloch maryland means given people particular state given constituents legislature people given benefit upon theory subjected government belongs patchwork also sever direct link framers found critical national government people term limits thornton state practice petitioners attempt overcome formidable array evidence power impose qualifications arguing practice immediately adoption constitution demonstrates understanding possessed power one may properly question extent practice reliable indicator contours restrictions constitution imposed especially ever upheld qualification sort see supra petitioners argument unpersuasive even terms time convention lmost state constitutions required members legislatures possess considerable property see term limits thornton warren despite near uniformity one state virginia placed similar restrictions members congress requiring representative inter alia freeholder see acts ch years imposing property qualification term limits thornton virginia replaced requirement provision requiring representatives qualified according constitution acts ch moreover several including new hampshire georgia delaware south carolina revised constitutions around time federal constitution revised constitutions state retained property qualifications state elected officials yet placed property qualification congressional representatives term limits thornton contemporaneous state practice respect term limits similar time convention widely supported term limits least circumstances articles confederation contained provision term limits noted members convention sought impose term limits members congress addition many imposed term limits state officers four placed limits delegates continental congress several voiced support term limits members congress despite widespread term limits thornton support state sought impose term limits federal representatives thus proper assessment contemporaneous state practice provides persuasive evidence general understanding qualifications constitution unalterable term limits thornton sum available historical textual evidence read light basic principles democracy underlying constitution recognized powell reveal framers intent neither congress possess power supplement exclusive qualifications set forth text constitution iv petitioners argue even may add qualifications amendment constitutional qualification amendment permissible exercise state power regulate times places manner holding elections reject contentions unlike amendment create absolute bars service incumbents running state office merely provides certain senators representatives shall certified candidates shall names appear ballot may run candidates elected may serve petitioners contend legal bar service creates impermissible qualification amendment therefore consistent constitution term limits thornton petitioners support restrictive definition qualifications language storer brown faced constitutional challenge provisions california elections code regulated procedures independent candidates candidates affiliated qualified political parties obtain ballot position general elections code required candidates affiliated qualified party win primary election required independents make timely filing nomination papers signed least entire vote cast last general election code also denied ballot position independents voted recent primary election registered affiliation qualified party previous year storer rejected argument challenged procedures created additional qualifications wholly without merit noted petitioners disqualified nominated party primary adequately supported independent petition elected general election ibid concluded california code establishes additional requirement office representative requirement candidate win primary secure place general ballot otherwise demonstrate substantial community support ibid see also joyner mofford hopfmann connolly vacated part grounds petitioners maintain storer amendment qualification need decide whether petitioners narrow understanding qualifications correct even amendment may stand often noted onstitutional rights little value indirectly denied harman forssenius term limits thornton quoting smith allwright constitution nullifies sophisticated well modes infringing constitutional protections lane wilson harman forssenius view amendment indirect attempt accomplish constitution prohibits arkansas accomplishing directly plurality opinion arkansas recognized amendment effort dress eligibility stand congress ballot access clothing intent effect amendment disqualify congressional incumbents service must course accept state view purpose law thus authoritatively informed sole purpose amendment attempt achieve result forbidden federal constitution indeed seriously contended intent behind amendment prevent election incumbents preamble amendment explicitly people arkansas herein limit terms elected officials sections create absolute limits number terms may served hint intended purpose petitioners however contest arkansas conclusion amendment practical effect absolute bar argue possibility campaign creates real possibility term limits thornton victory especially entrenched incumbent one may reasonably question merits contention indeed advised state nothing faint glimmer possibility excluded candidate win prior cases suggested candidates slight chance victory even petitioners term limits thornton correct incumbents may occasionally win reelection candidates denying ballot restrictions make significantly difficult barred candidate win election view amendment avowed purpose obvious effect evading requirements qualifications clauses handicapping class candidates stand argue otherwise suggest framers spent significant time energy debating crafting clauses easily evaded importantly allowing evade qualifications clauses dress ing eligibility stand congress ballot access clothing trivializes basic principles democracy underlie clauses petitioners argument treats qualifications clauses embodiment grand principle rather empty formalism inconceivable guaranties embedded constitution may thus manipulated existence gomillion lightfoot quoting frost frost trucking railroad california petitioners make related argument amendment merely regulates manner elections amendment therefore permissible exercise state power article cl elections clause regulate times places manner term limits thornton elections agree necessary consequence petitioners argument congress power make alter measure amendment art cl see smiley holm congress may supplement state regulations may substitute framers approved result unfathomable decision powell discussion make clear framers particularly concerned grant congress authority set qualifications lead inevitably congressional upsetting delicate constitutional balance see supra supra petitioners us believe however even framers carefully circumscribed congressional power set qualifications intended allow congress achieve result simply formulating regulation ballot access restriction elections clause refuse adopt interpretation elections clause cavalierly disregard framers intended fundamental constitutional safeguard moreover petitioners broad construction elections clause fundamentally inconsistent framers view clause framers intended elections clause grant authority create procedural regulations provide license exclude classes candidates federal office convention debates example madison illustrated procedural focus elections clause term limits thornton noting covered hether electors vote ballot viva voce assemble place place divided districts meet one place sh oul vote representatives district vote number allotted district farrand similarly ratification debates proponents constitution noted power manner enables determine electors shall elect whether ballot vote way elliot debates steele statement north carolina ratifying convention emphasis original hamilton made similar point federalist defended constitution grant congress power override state regulations hamilton expressly distinguished broad power set qualifications limited authority elections clause noting method securing rich preference apprehended prescribing qualifications property either may elect elected forms part power conferred upon national government authority expressly restricted regulation times places manner elections federalist emphasis original term limits thornton cases interpreting state power elections clause reflect understanding elections clause gives authority enact numerous requirements procedure safeguards experience shows necessary order enforce fundamental right involved smiley holm however power regulate time place manner elections justify without abridgement fundamental rights tashjian republican party connecticut thus entitled adopt generally applicable evenhanded restrictions protect integrity reliability electoral process anderson celebrezze example storer brown case petitioners place principal reliance upheld validity certain provisions california election code emphasized interest orderly fair honest elections rather chaos also recognized strong interest maintaining integrity political process preventing interparty raiding explained specific requirements applicable independents expressive general state policy aimed maintaining integrity various routes ballot cases approved interests avoiding voter confusion ballot overcrowding presence frivolous candidacies munro socialist workers party seeking assure elections operated equitably efficiently burdick takushi slip op guard ing irregularity error tabulation votes roudebush hartke term limits thornton short approved state regulations designed ensure elections fair honest sort order rather chaos accompan ies democratic processes burdick takushi slip op quoting storer provisions issue storer elections clause cases thus constitutional regulated election procedures even arguably impose substantive qualification rendering class potential candidates ineligible ballot position served state interest protecting integrity regularity election process interest independent attempt evade constitutional prohibition imposition additional qualifications service congress involve measures exclude candidates ballot without reference candidates support electoral process cases upholding state regulations election procedures thus provide little support contention ballot access restriction constitutional undertaken twin goals disadvantaging particular class candidates evading dictates qualifications clauses term limits thornton understand dissent contest primary thesis namely qualifications congress fixed constitution measure avowed purpose imposing indirectly additional qualification violates constitution dissent instead raises two objections challenging assertion arkansas amendment likely effect creating qualification post suggesting true intent amendment evade qualifications clause rather simply level playing field post neither objections merit first simply irrelevant holding today note supra prior cases strongly suggest candidates slim chance success arkansas plurality agreed however expressly rest prior observations regarding candidates instead hold state amendment unconstitutional likely effect handicapping class candidates sole purpose creating additional qualifications indirectly thus dissent discussion evidence concerning possibility popular incumbent win election term limits thornton simply beside point second argument find wholly unpersuasive dissent suggestion amendment designed merely level playing field noted supra obvious sole purpose amendment limit terms elected officials state federal amendment therefore may stand merits term limits rotation subject debate since formation constitution framers unanimously rejected proposal add limits constitution cogent arguments sides question articulated process ratification largely retain force today half adopted measures impose limits offices either directly indirectly nation whole notably constitutional amendment imposed limit number terms president may serve term limits like qualification office unquestionably restrict ability voters vote wish hand limits may provide infusion fresh ideas new perspectives may decrease likelihood representatives lose touch constituents province resolve longstanding debate however firmly convinced allowing several adopt term limits congressional service effect fundamental change constitutional framework change must come legislation adopted either congress individual state rather important term limits thornton changes electoral process amendment procedures set forth article framers decided qualifications service congress fixed constitution uniform throughout nation decision reflects framers understanding members congress chosen separate constituencies become elected servants people merely delegates appointed separate sovereign occupy offices integral essential components single national government absence properly passed constitutional amendment allowing individual craft qualifications congress thus erode structure envisioned framers structure designed words preamble constitution form perfect union judgment affirmed ordered footnotes explained term may describe provisions quoted supra addition three qualifications set forth art art cl authorizes disqualification person convicted impeachment proceeding office honor trust profit art cl provides person holding office shall member either house continuance office amendment disqualifies person previously taken oath support constitution shall engaged insurrection rebellion given aid comfort enemies thereof argued provisions well guarantee clause article iv oath requirement art vi cl less qualification within meaning art set forth art powell mccormack term limits thornton art cl provides part house shall judge elections returns qualifications members majority shall constitute quorum business justice stewart dissented procedural grounds arguing case dismissed moot see expressing agreement characterization case raising constitutional issues touch bedrock political system strike heart representative government justice stewart comment merits powell emphasized word exclude argued house resolution depriving powell seat viewed expulsion rather exclusion rejected submission expressed opinion issues related house power expel member sworn seated though powell addressed power house pointed rationale equally applicable senate since art cl applies houses congress scope senate power judge qualification members necessarily identical scope house power exception course art cl establishes different age citizenship requirements membership senate though recognized madison responding proposal allowed congress impose property restrictions noted madison argument aimed imposition property qualification rather delegation congress discretionary power establish qualifications examination history also caused us reject argument negative phrasing clauses indicated term limits thornton framers limit power house impose additional qualifications membership noting committee style edited qualifications clauses incorporate present negative form authority convention term limits thornton make alterations substance constitution voted convention purport quoting warren making constitution hereinafter warren see also farrand committee style appointed revise stile arrange articles agreed text qualifications clauses also supports result reached powell john dickinson delaware observed enumeration qualifications implication tie hands legislature supplying omissions farrand justice story made point seem fair reasoning upon plainest principles interpretation constitution established certain qualifications necessary office meant exclude others prerequisites nature provision affirmation qualifications seem imply negative others story commentaries constitution ed hereinafter story see also warren constitution expressly set forth qualifications age citizenship residence convention refused grant congress power establish qualifications general maxim expressio unius exclusio alterius seem apply term limits thornton principle also incorporated practical concern reposing power adopt qualifications congress lead body detriment new republic see powell quoting farrand madison legislature regulate qualification electors elected degrees subvert constitution republic may converted aristocracy oligarchy well limiting number capable elected number authorised elect citing statements williamson madison emphasizing potential legislative abuse contrary dissent suggestion post understand powell reading qualifications clauses create personal right candidate congress clauses however interest people entire nation keeping door national legislature open merit every description justice thomas dissent purports agree outcome powell rejects reasoning opinion dissent treats powell simply application default rule constitution silent exercise particular power constitution speak either expressly necessary implication federal government lacks power enjoy post however word opinion powell suggesting decision rested default rule undergirds dissent entire analysis contrary excerpt nixon quoted text plainly conclusion powell based understanding fixed meaning ualifications set forth art concluded framers affirmatively intended qualifications set forth text constitution exclusive order effectuate principle representative democracy people choose please govern moreover never treated dissent default rule absolute mcculloch maryland wheat example chief justice marshall rejected argument constitution silence state power tax federal instrumentalities requires power dissent unyielding approach seem mcculloch wrongly decided similarly dissent approach invalidate dormant commerce clause jurisprudence constitution clearly silent subject state legislation discriminates term limits thornton interstate commerce however though justice thomas endorsed argument see oklahoma tax jefferson lines scalia concurring judgment joined thomas consistently rejected argument continued apply dormant commerce clause see slip bendix autolite midwesco enterprises decision powell historical analysis consistent prior decisions state courts example state ex rel johnson crane wyo wyoming undertook detailed historical analysis concluded qualifications clauses exclusive several courts reached result though without performing detailed historical analysis see hellmann collier md state ex rel chandler howell state ex rel eaton schmahl see generally state ex rel johnson crane citing cases conclusion analysis also consistent positions taken commentators scholars see supra see also warren discussing history concluding elimination power congress fix qualifications clearly left provisions constitution sole source qualifications recently commentators split arguing term limits constitutional see gorsuch guzman gentlemen please yield defense constitutionality term limitation hofstra rev hills defense state constitutional limits federal congressional terms pitt rev safranek term limitations winds change blow unconstitutional creighton rev others arguing see lowenstein congressional term limits constitutional harv pub policy eid kolbe new constitutionality limits congressional terms office denv rev comment congressional term limits unconstitutional initiative rev dissent also suggests failed add qualifications fear others congress believed lacked power add qualifications course rationale perfectly consistent view general understanding time lacked power add qualifications thus contrary dissent suggestion post justice story first even influential proponent principle certain powers reserved despite constitutional silence instead chief justice marshall opinion mcculloch reveals principle part jurisprudence years constitution provision election senators state legislatures see art cl entirely consistent view power state legislatures elect senators comes express delegation power constitution thus based aspect original state power course adoption seventeenth amendment state power election senators eliminated senators like representatives elected directly people clauses also reflect idea constitution treats president members congress federal officers dissent places novel implausible interpretation paragraph consistent entire analysis dissent reads madison saying sole purpose qualifications clause set minimum qualifications prevent sending incompetent representatives congress words madison viewed clause preventing opening door part federal service widely see post text federalist belies dissent reading first madison emphasized qualifications elected susceptible uniformity emphasis uniformity quite anomalous envisioned create representatives patchwork qualifications second idea madison fact concerned open doors national service widely entirely inconsistent madison emphasizing constitution kept door open merit every description whether native adoptive whether young old without regard poverty wealth particular profession religious faith federalist finally dissent argues madison possibly rebuking setting unduly high qualifications representatives congress post suggests madison comments reflect implicit criticism setting unduly high entrance barriers post disagree though dissent attempts minimize extensiveness qualifications focusing qualifications imposed delegates congress age restrictions imposed state legislators dissent neglects give appropriate attention abundance property religious qualifications imposed state elected officials describe detail infra nearly every state property qualifications many religious qualifications term limits qualifications madison surely recognized without constitutional prohibition qualifications applied federal representatives read madison comments open door federal government anything rejection unduly high barriers imposed dissent attacks holding today arguing framers distrust extended measures adopted state legislatures measures adopted people post see also ibid delegates presumably want state legislatures able tell members congress state vote emphasis added novelty expansiveness dissent attack quite astonishing aware case even suggest validity state law federal constitution depend whether state law passed state legislature people directly amendment state constitution indeed party argued quite simply view dissent distinction state legislation passed state legislature legislation passed state constitutional amendment untenable qualifications constitution fixed may altered either legislatures framers decision reject proposal allowing recall representatives see farrand reflects concerns dissent arguments concerning provisions constitution see post simply reinforce argument constitutional provisions surrounding elections reveal framers basic fear might act undermine national legislature example dissent concedes framers feared use control salaries influence votes representative see post similarly dissent concedes times places manner clause reflects framers fear conduct federal elections see post believe dissent reading provisions issue understates considerably extent framers distrust however even dissent reading provisions text constitution unquestionably reveals framers distrust regarding elections thus provides powerful evidence supporting view qualifications established constitution exclusive proposal requiring rotation members house proposed convention see farrand defeated unanimously see record debate either occasion elliot debates smith see also livingston senators enjoy security term limits thornton long please situation men apt forget dependence lose sympathy contract selfish habits senators associate men class thus become strangers condition common people turner knowing numerous arts designing men prone secure election perpetuate hearty wish rotation may provided kingsley deprived annual elections rotation recall members therefore federal rulers masters servants samuel bryan centinel independent gazetteer debate constitution bailyn ed hereinafter bailyn exclusion rotation senators may continued life extensive means influence follow course letter george lee turberville madison bailyn truely republican mode forcing rulers sovereigns mix stated periods people observed mercy otis warren columbian patriot boston bailyn provision rotation thing prevent perpetuity office hands life neglect lose advantages check overbearing insolence office rendering ineligible certain periods keeps mind man equilibrio teaches feelings governed letter december thomas jefferson james madison another private letter jefferson expressed opinion abandoned power impose term limits see letter joseph cabell writings thomas jefferson lipscomb ed though noted reasoning matter appears sound went note recent change view caution requires us confident admit one doubtful questions honest men may differ purest motives readily find differed term limits thornton see infra george washington made similar argument power constitution always people entrusted certain defined purposes certain limited period representatives chusing whenever executed contrary interest agreeable wishes servants undoubtedly recalled bailyn petitioners set forth several arguments support contention convention ratification debates reveal qualifications qualifications clauses intended exclusive find none persuasive petitioners first observe notes edmund randolph member committee detail reveal early draft qualifications clause provided qualifications delegates shall age years least citizenship person possessing qualifications may elected except farrand omitted term limits thornton merit argument inclusion committee final draft provision allowing house add property qualifications see farrand somehow inconsistent holding today first conflict holding qualifications congress fixed constitution provision constitution providing property qualifications indeed analysis consistent disqualifications contained constitution see supra constitution simply prohibits imposition either congress additional qualifications contained text constitution second course property provision deleted thus providing evidence framers wanted minimize barriers exclude able citizens service national government respondent republican party arkansas also argues negative phrasing qualifications clauses suggests meant exclusive brief respondents republican party arkansas et al argument firmly rejected powell see see also warren see need revisit recognize committee elections unanimous sentiments minority advocated right state legislature prescribe additional qualifications members respective annals cong see powell noting examples see also farrand improper man merit subjected disabilities republic merit understood form great title public trust honors rewards dickinson federalist strong minds every walk life rise superior disadvantages situation command tribute due merit classes particularly belong society general door equally open hamilton webster citizen america bailyn money made requisite places senators wisely left open persons suitable age merit cf hawke smith constitution ordained people duly ratified became constitution people compare preamble people articles confederation reprinted bailyn signed delegates little significance fact amendment adopted popular vote rather act state legislature see supra fact none petitioners argues constitutionality state law depend term limits thornton method adoption proper voters arkansas adopting amendment acting citizens state arkansas citizens national government people state arkansas power arkansas legislature supplement qualifications service congress chief justice marshall emphasized mcculloch means given people particular state given constituents legislature people dissent concedes people nation interest preventing state sending immature disloyal unknowledgeable representatives congress post explain people nation lack comparable interest allowing every state send mature loyal knowledgeable representatives congress view interest possessed people nation identified dissent people interest making sure within reasonable limitations door part federal government open merit every description whether native adoptive whether young old without regard poverty wealth particular profession religious faith federalist see federal state constitutions colonial charters organic laws territories colonies thorpe ed hereinafter thorpe virginia members state legislature must freeholders new hampshire freehold estate pounds state senators estate pounds least half freehold state representatives maryland real personal property pounds house delegates real personal property pounds senate freehold estate pounds personal estate pounds state senators freehold estate pounds ratable estate pounds state representatives delaware state legislators must freeholders new jersey members legislative council must freeholders must real personal property pounds members assembly must real personal property pounds new york state senators must freeholders north carolina acres land house acres land senate georgia acres land property pounds south carolina freehold estate pounds state senate judge tucker expressed doubt constitutionality provisions virginia statute noting provisions require qualifications constitution may possibly found nugatory blackstone commentaries appendix tucker ed judge tucker noted two primary arguments power add qualification first representative government people undoubted right judge qualification delegate opinion integrity representative supply want estate reason government interfere saying latter shall overbalance former secondly requiring qualification estate may often happen men best qualified respects might incapacitated serving country ibid see thorpe new hampshire pounds house pounds senate georgia acres land pounds house acres land pounds senate south carolina acres slaves pounds sterling house pounds sterling senate delaware freehold house freehold estate acres real personal property pounds senate pennsylvania amended constitution neither old constitution amended one contained property qualifications state representatives see several state constitutions also imposed religious qualifications state representatives example new hampshire constitution constitution provided members state senate house representatives protestant religion constitution constitution north carolina constitution provided clergyman preacher gospel denomination shall capable member either senate house commons council state person shall deny god truth protestant religion shall capable holding office place trust profit civil department within state ibid georgia south carolina also religious qualifications constitutions state legislators see georgia protestant religion south carolina must protestant religion deleted provisions amended constitutions see see respectively article vi federal constitution however prohibited imposing similar qualifications federal legislators see bailyn person shall capable delegate three years term six years see farrand res olved members first branch national legislature incapable space blank expiration term service see also supra see wood creation american republic noting seven ten state constitutions drafted provided term limits state executives see also app brief state petitioner describing provisions state constitutions thorpe maryland new hampshire pennsylvania north carolina new york attached ratification list proposed amendments enjoin ed upon representatives congress exert influence use reasonable means obtain ratification elliot debates one proposed amendments person eligible senator six years term twelve years virginia convention similarly enjoin ed upon representatives bailyn adopt declaration bill rights include statement members executive legislative branches fixed periods reduced private station return mass people vacancies supplied certain regular elections part former members eligible ineligible rules constitution government laws shall direct north carolina convention proposed nearly identical term limits thornton language see though convention ultimately ratify constitution see elliot debates thus least three proposed form constitutional amendment supporting term limits members congress petitioners dissent also point georgia maryland massachusetts virginia north carolina added district residency requirements petitioners note new jersey connecticut established nominating processes congressional candidates rely facts show believed power add qualifications unpersuaded first establishing nominating process setting qualification office creating primary second seems us may simply viewed district residency requirements necessary analog state residency requirements thus state practice respect residency requirements necessarily indicate believed broad power add restrictions finally consider number qualifications remarkably small despite array property religious qualifications contained state constitutions petitioners dissent point one instance property qualification candidates congress five instances district residency requirements state practice seems us notable restraint thus supports conclusion believe generally power add qualifications persuaded recent state practice involving qualifications bar felons elected noted practice poor indicator effect restraints ever upheld one restrictions moreover one moves away seems us state practice even less indicative framers understanding state power finally important reemphasize dissent simply credible explanation almost every state imposed property qualifications state representatives federal term limits thornton representatives dissent relies first obvious seemingly irrelevant proposition state legislatures larger state congressional delegations post anything smaller size congressional delegation made likely put qualifications federal representatives since election pauper proportionally greater significance dissent also suggests failed add qualifications fear others congress believed lacked power add qualifications course rational perfectly consistent view general understanding time lacked power add qualifications justice dudley noted concurrence reassured style case term limits name implies amendment practical limit terms members congress opinion concurring part dissenting part uncontested data submitted arkansas indicate senate elections since passage seventeenth amendment one candidate house elections since turn century five candidates app indeed reason arkansas found possibility victory mere glimme opportunity disqualified see also dudley concurring part dissenting part practical matter amendment place term limits service congress contrary dissent post read majority arkansas holding amendment practical effect absolute bar see plurality opinion intent effect amendment disqualify congressional incumbents service dudley concurring part dissenting part name implies amendment practical limit terms members congress however note text infra rely state finding point see also infra noted lubin panish realities electoral process strongly suggest access via votes falls far short access terms name candidate ballot id see also anderson celebrezze previously noted opportunity adequate substitute candidates name appear printed ballot classic even voters may lawfully write ballots cast general election name candidate rejected primary term limits thornton ballots counted practical operation primary law impose serious restrictions upon choice candidates voters burdick takushi slip dissent correct suggesting requiring primary voters select specific ballot impermissibly burdened right vote clear decisions availability option provide adequate remedy article cl provides times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators see also republican connecticut courant hartford bailyn constitution expressly provides choice shall people cuts general state legislatures power regulating mode election deprive people fair choice clements fashing support petitioners clements rejected first fourteenth amendment challenges texas provision provision treated elected state official declaration candidacy another elected office automatic resignation office held noted regulation permissible attempt regulate state officeholders see appellees elected state officeholders contest restrictions partisan political activity emphasis deleted stevens concurring part concurring judgment fact appellees hold state office sufficient justify restriction ability run office imposed term limits thornton public generally ninth circuit recognized upholding similar statute arizona burden candidacy indirect attributable desire regulate state officeholders impose additional qualifications serving congress joyner mofford see also signorelli evans new york purpose regulate judicial office candidate holds congressional office seeks moreover judge newman observed upholding similar restrictions imposed new york provisions plac obstacle candidate ballot nomination election free run people free choose see amdt limiting presidents two terms see amdt direct elections senators amdt extending suffrage women amdt presidential term limits amdt prohibition poll taxes amdt lowering age voter eligibility term limits thornton justice kennedy concurring join opinion majority dissenting opinions demonstrate intricacy question whether qualifications clauses exclusive view however well settled whole people asserted political identity unity purpose created federal system dissent course reasoning suggesting otherwise might construed disparage republican character national government seems appropriate add remarks explain course argumentation runs counter fundamental principles federalism federalism nation discovery framers split atom sovereignty genius idea citizens two political capacities one state one federal term limits thornton protected incursion resulting constitution created legal system unprecedented form design establishing two orders government direct relationship privity set mutual rights obligations people sustain governed appropriate recall origins instruct us nature two different governments created confirmed constitution distinctive character national government mark legitimacy owes existence act whole people created must remembered national government republican essence theory john jay insisted point early federalist papers comments government preceded one formed constitution general purposes uniformly one people individual citizen everywhere enjoying national rights privileges protection strong sense value blessings union induced people early period institute federal government preserve perpetuate formed almost soon political existence federalist pp rossiter ed hereinafter federalist term limits thornton one sense true people state retained separate political identities post constitution takes care preserve make use identities structures various points organizing federal union follow sole political identity american state residence denies dual character federal government foundation assert people political identity well one independent though consistent identity citizens state residence cf post must recognized great purposes federal government formed one people one common country shapiro thompson quoting passenger cases taney dissenting see crandall nevada wall people constitute one nation government deeply interested might objected ratified constitution people delegate power acting capacities citizens particular see post mcculloch maryland set forth authoritative rejection term limits thornton idea convention framed constitution indeed elected state legislatures instrument submitted people true assembled several else assembled political dreamer ever wild enough think breaking lines separate compounding american people one common mass consequence act act measures adopt account cease measures people become measures state governments term limits thornton course framers recognized state power identity essential parts federal balance see federalist constitution solicitous prerogatives even otherwise sovereign federal province constitution uses state boundaries fix size congressional delegations art cl ensures state shall least one representative grants certain powers times places manner federal elections subject congressional revision art cl requires president elected house representatives delegations state one vote art ii cl amdt allows appoint electors president art ii cl nothing constitution federalist papers however supports idea state interference basic relation national government citizens selection legislative representatives indeed even though constitution uses qualifications voters numerous branch legislatures set qualifications federal electors art cl electors vote recognized act federal capacity exercise federal right addressing principle ex parte yarbrough stated follows right vote member congress office created constitution alone true therefore electors members congress owe right vote state law sense makes exercise right depend exclusively law state made point classic said right qualified voters within state cast ballots counted term limits thornton congressional elections right secured constitution secured action individuals well federal character congressional elections flows political reality national government republican form national citizenship privileges immunities protected state abridgement force constitution even passage fourteenth amendment latter proposition given expression crandall nevada recognized right federal government call citizens aid service members congress courts executive departments fill offices recognized right made depend upon pleasure state whose territory must pass reach point services must rendered without reference privileges immunities clause rights national citizenship upheld cruikshank said right people peaceably assemble purpose petitioning congress redress grievances thing else connected powers duties national government attribute national citizenship protection guaranteed idea government republican form implies right part citizens meet peaceably consultation respect public affairs petition redress grievances cf hague committee industrial organization opinion roberts joined black joined relevant part hughes citizenship little better name carry right discuss national legislation benefits advantages term limits thornton opportunities accrue citizens therefrom cases wall careful hold federal citizenship suffices assertion rights constitution rights stem sources though cases interpreted privileges immunities clause fourteenth amendment view origins federal citizenship confined source referring rights national dimension origin observed lest said privileges immunities found considering excluded venture suggest owe existence federal government national character constitution laws later cases reinforced idea incidents national citizenship see ex parte yarbrough supra terral burke constr classic supra guest shapiro thompson federal privileges immunities may seem limited formulation comparison expansive definition given privileges immunities attributed state citizenship see cases supra hague supra opinion stone federal rights flow people virtue national citizenship beyond dispute least incongruities position advanced arkansas proposition necessary case burden rights resident voters federal elections reason manner earlier exercised majority voters successful selecting candidate penalized exercising right future quite apart first amendment concerns term limits thornton see williams rhodes anderson celebrezze neither law federal theory allows state burden exercise federal rights manner see terral burke constr supra shapiro thompson supra indeed one right citizen great country protected implied guarantees constitution identified right come seat government share offices engage administering functions cases supra quoting crandall nevada observation serves illustrate extent state attempted interference federal right vote derivative right serve elected majority vote congressional election rights derive state power first instance belong voter capacity citizen maintained dissenting colleagues state arkansas seeks nothing grant people surer control national government control said enhanced law issue arguments term limitations ballot restrictions effect lacking force issue us must acknowledge efficacy measures whether legitimate source given origin enactments single state doubt respect republican origins nation preserve federal character exists federal right citizenship relationship people nation national government may interfere arkansas enactment intrudes upon federal domain exceeds boundaries constitution term limits thornton justice thomas chief justice justice justice scalia join dissenting ironic bases today decision right people choose please govern see ante constitution one state whose people right choose please represent arkansas congress holds however neither elected legislature state people acting ballot initiative may prescribe qualifications representatives majority therefore defends right people arkansas choose please govern invalidating provision nearly votes cast direct election carried every congressional district state dissent nothing constitution deprives people state power prescribe eligibility requirements candidates seek represent term limits thornton congress constitution simply silent question constitution silent raises bar action people majority fundamentally misunderstands notion reserved powers start first principles contrary majority suggestion people need point affirmative grant power constitution order prescribe qualifications representatives congress authorize elected state legislators system government rests one overriding principle power stems consent people phrase principle way however imprecise something important notion reserved powers ultimate source constitution authority consent people individual state consent undifferentiated people nation whole ratification procedure erected article vii makes point clear constitution took effect ratified people gathered convention nine different constitution went effect ratifying art vii bind people north carolina accepted madison words popular consent upon constitution authority rests given people individuals composing one entire nation composing distinct independent respectively belong federalist rossiter ed hereinafter federalist accord debates several state conventions adoption federal constitution elliot ed hereinafter term limits thornton elliot remarks james madison virginia convention adopted federal constitution course people state surrendered authority hence entities accountable people well affirmatively deprived certain powers see art affirmatively conferred certain powers upon federal government see art people several true source power however federal government enjoys authority beyond constitution confers federal government powers limited enumerated words justice black entirely creature constitution power authority source reid covert plurality opinion omitted state remainder people powers powers delegated constitution prohibited amdt term limits thornton either delegated state government retained people federal constitution specify two possibilities obtains various state constitutions declare powers people state delegated state government far federal constitution concerned exercise powers constitution withhold federal government thus face different default rules constitution silent exercise particular power constitution speak either expressly necessary implication federal government lacks power enjoy basic principles enshrined tenth amendment declares powers neither delegated federal government prohibited reserved respectively people careful last phrase amendment avoids taking position division power state governments people people state determine reserved powers state government may exercise amendment make clear powers reside state level except constitution removes level powers constitution neither delegates federal government prohibits controlled people state sure tenth amendment uses phrase people specify whether referring people state people nation whole latter interpretation make amendment pointless reason provide constitution silent whether particular power resides state level might might addition term limits thornton make sense speak powers reserved undifferentiated people nation whole constitution contemplate people either exercise power delegate constitution simply recognize mechanism action undifferentiated people nation thus amendment provision article calls amendments ratified convention national people conventions people state state legislatures elected people likewise constitution calls members congress chosen state state rather nationwide elections even selection president surely national national figures accomplished electoral college made delegates chosen various candidates lose presidential election despite winning majority votes cast nation whole see also art ii cl providing candidate secures majority electoral votes election president thrown house representatives votes shall taken representatives state one vote amdt short notion popular sovereignty undergirds constitution erase state boundaries rather tracks people state obviously trust fate people several consented constitution empower governmental institutions also agreed bound constitutional amendments refused ratify see art providing proposed amendments shall take effect upon ratification time however people state retained separate political identities chief justice marshall put term limits thornton political dreamer ever wild enough think breaking lines separate compounding american people one common mass mcculloch maryland wheat ambiguity tenth amendment use phrase people cleared body constitution article begins providing congress enjoys legislative powers herein granted goes give careful enumeration congress powers concludes enumerating certain powers prohibited import structure import tenth amendment invalidate arkansas amendment must point something federal constitution deprives people arkansas power enact measures term limits thornton majority disagrees bears burden arguments unpersuasive majority begins announcing enormous untenable limitation principle expressed tenth amendment according majority possess powers constitution affirmatively grants enjoyed constitution adopted tenth amendment reserve existed ante fact previously enjoyed powers particular institutions federal government established constitution majority derives rule precisely opposite one amendment actually prescribes exercise powers whatsoever exclusively spring existence national government constitution delegate ibid quoting story commentaries constitution ed majority essential logic state governments reserve powers term limits thornton control time constitution drafted state governments reserving constitution derives authority instead consent people given fundamental principle governmental powers stem people simply incoherent assert people reserve powers previously controlled tenth amendment use word reserved help majority position someone says power use particular facility reserved group saying anything whether group previously used facility merely saying people control facility designated group entity authority use tenth amendment similar people governmental powers stem specified powers prohibited federal constitution reserved respectively people majority therefore quite wrong conclude people authorize state governments exercise powers unknown federal constitution drafted indeed majority position frustrates apparent purpose amendment final phrase amendment limitations state power found state constitutions might done simply said powers delegated federal government reserved amendment also prevent people amending state constitutions remove limitations effect federal constitution bill rights ratified effort defend position majority points language garcia san antonio metropolitan term limits thornton transit authority takes indicate tenth amendment covers original powers state sovereignty ante garcia dealt entirely different issue extent principles state sovereignty implicit federal system curtail congress authority exercise enumerated powers asked decide whether congressional statute appears authorized article nonetheless unconstitutional invades protected sphere state sovereignty may well appropriate us inquire called traditional aspects state sovereignty see national league cities usery see also new york slip question raised present case however whether principle state sovereignty implicit tenth amendment bars congressional action article appears authorize rather whether article bars state action appear forbid principle necessary answer question express tenth amendment face unless federal constitution affirmatively prohibits action people raises bar action majority also seeks support view tenth amendment mcculloch maryland wheat see ante effort misplaced mcculloch make clear power need expressly delegated prohibited order fall outside tenth amendment reservation delegations prohibitions also arise necessary implication true text tenth amendment however mcculloch term limits thornton indicated powers constitution speak whether expressly necessary implication reserved state level thus discussion tenth amendment mcculloch observed amendment leav es question whether particular power may become subject contest delegated one government prohibited depend fair construction whole constitution mcculloch qualify observation indicating question also turned whether enjoyed power framing contrary mcculloch seemed assume people conferred general government power contained constitution whole residuum power structure mcculloch analysis also refutes majority position question whether state maryland tax bank congress created effort accomplish objects entrusted constitution chief justice marshall opinion began upholding federal statute incorporating bank held constitution affirmatively prohibited maryland tax bank created statute relied principally concepts deemed inherent supremacy clause article vi declares constitution laws shall made pursuance thereof shall law land view power delegated constitution amdt supremacy clause forbids state retard impede burden manner control operations constitutional laws enacted congress carry power execution mcculloch thus term limits thornton concluded nature state taxation bank operations incompatible repugnant federal statute creating bank see past years mcculloch understood rest proposition constitution affirmatively barred maryland imposing tax bank operations see osborn bank wheat reaffirming mcculloch conclusion operation supremacy clause federal statute incorporating bank impliedly state laws attempting tax bank operations maryland louisiana citing mcculloch proposition supremacy clause deprives power pass laws conflict federal statutes see also north dakota plurality opinion citing mcculloch proposition state laws may violate supremacy clause regulate government directly discriminate majority however mcculloch apparently turned fact constitution adopted possessed power tax instrumentalities governmental institutions constitution created understanding mcculloch makes chief justice marshall opinion irrelevant according majority need inquire whether federal law deprived maryland power question term limits thornton power fall category reserved powers anyway term limits thornton despite majority citation garcia mcculloch true support view tenth amendment comes joseph story treatise constitutional law see story commentaries constitution justice story brilliant accomplished man one casually dismiss views hand member founding generation commentaries constitution written half century framing rather representing original understanding constitution represent understanding range cases concerning relation moreover deemed positions taken story commentaries nationalist constitution warrants compare arguing commerce clause deprives power regulate commerce within congress reach cooley board wardens port philadelphia ex rel society relief distressed pilots holding congress commerce clause powers exclusive see also life letters joseph story story ed extract manuscript written story hold maxim never lost sight great statesman government intrinsically weak powers state governments strong case story position powers reserved enjoyed framing conflicts plain language tenth amendment underlying theory constitution majority also sketches may alternative narrower argument citing story majority suggests inconsistent term limits thornton notion national sovereignty people reserved powers selection members congress see ante majority apparently reaches conclusion two steps first asserts congress whole institution national government individual members congress owe primary allegiance people state people nation see ante second concludes member congress nationwide constituency takes office inconsistent framers scheme let single state prescribe qualifications see ante political scientists debate commands primary allegiance members congress reach washington framing present however selection representatives senators state left entirely people state state legislature see art cl providing members house representatives chosen people several art cl originally providing senators state chosen legislature thereof amdt amending provide senators state elected people thereof name congress suggests coming together representatives distinct entities keeping complexity federal term limits thornton system representatives chosen people state assemble congress form national body beyond control individual next election selection representatives congress indisputably act people state abstract people nation whole concurring opinion suggests federal constitution guarantees right people state long qualified electors state law take part choosing members congress state see ante presence federally guaranteed right hardly means selection representatives constitutes exercise federal authority see ante people georgia pick representatives congress acting people georgia corporate agents undifferentiated people nation whole see green although presidential electors appointed act pursuant constitution officers agents members state legislatures acting electors federal senators people acting electors representatives congress concurring opinion protests exercise reserved powers area congressional elections constitute state interference basic relation national government citizens selection legislative representatives see ante one strips away abstractions concurring opinion simply saying people arkansas permitted inject process select arkansas representatives congress term limits thornton concurring opinion attempts defend surprising proposition pointing americans citizens well state wherein reside amdt xiv national citizenship particularly ratification fourteenth amendment privileges immunities protected state abridgement force constitution ante facts indeed beyond dispute ante contradict anything said although obviously nation although obviously citizens constitution call members congress elected undifferentiated national citizenry indeed recognize mechanism national referendum action undifferentiated people nation whole see supra even level national politics always remains meaningful distinction someone citizen georgia someone citizen massachusetts georgia citizen unaware distinction pointed soon tries vote massachusetts congressional election short majority correct framers expected selection process create direct link members house representatives people ante link representatives state people state people georgia say people massachusetts select represent congress arrangement must baffle majority term limits thornton whose understanding congress surely fit comfortably within system nationwide elections fact remains comes selection members congress people state retained independent political identity result absolutely nothing strange notion people state legislatures possess reserved powers area majority seeks support constitution specification members congress shall receive compensation services ascertained law paid treasury art cl see ante fact members congress draw federal salary assembled hardly means people lack reserved powers selection representatives indeed historical evidence compensation provision suggests reserved powers may even extend beyond selection stage majority indicates constitution made provision congressional compensation topic left state legislatures ante accord farrand remarks james madison george mason likewise madison specifically indicated even compensation provision place individual still enjoyed reserved power supplement federal salary remarks virginia ratifying convention term limits thornton fact state reserved power establish qualifications office president see ante surely need follow state reserved power establish qualifications members congress represent people state powers reserved respectively clear state may legislate another state even though arkansas legislature enjoys reserved power pass law arkansas power pass law vermont reason arkansas may decree arkansas citizens eligible president selection president arkansas alone arkansas prescribe qualifications office set qualifications members congress florida none suggests arkansas set qualifications members congress arkansas fact constitution treatment presidential elections actively contradicts majority position individual reserved power set qualifications office president long understood power far federal constitution concerned set qualifications presidential electors delegates state selects represent electoral college actually chooses nation chief executive even respondents dispute may establish qualifications delegates electoral college long qualifications pass muster constitutional provisions primarily first fourteenth amendments see williams rhodes mcpherson blacker majority argue term limits thornton constitution affirmatively grants power power must one reserved necessarily follows majority understanding tenth amendment incorrect position presidential elector surely spring existence national government see ante final effort deny people enjoy reserved powers selection representatives congress majority suggests constitution expressly delegates certain powers congressional elections see ante delegations power majority argues superfluous people enjoyed reserved powers area one constitutional provision times places manner clause article even arguably supports majority suggestion reads times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time law make alter regulations except places chusing senators term limits thornton government imperfect unless power preserving suppose design accident neglect appoint representatives certainly constitutional remedy evil obvious meaning paragraph neglect take place congress power law support government prevent dissolution union jay believed design federal convention elliot emphasis original term limits thornton course second part times places manner clause grant power rather impose duty contrasting uses words shall may confirm however clause grants power exclusively congress clause exist still able prescribe times places manner holding congressional elections deletion provision simply deprive congress power override state regulations majority also mentions article ii cl state shall appoint manner legislature thereof may direct number presidential electors equal whole number senators representatives state may entitled congress clause nothing congressional elections event imposes affirmative obligation fact provision essential order coordinate creation electoral college mentioned moreover uncontested enjoy reserved power specify qualifications presidential electors chosen pursuant clause see supra respondent thornton seeks buttress majority position article cl provides house representatives shall composed members chosen every second year people several electors state term limits thornton shall qualifications requisite electors numerous branch state legislature case law interpreting clause affirmatively supports view enjoy reserved powers congressional elections treated clause ratchet requirements voting congressional elections onerous requirements voting elections numerous branch statute legislature less see tashjian republican party connecticut interpretation clause correct means even clause place still partial freedom set special voting requirements congressional elections power granted article must among reserved powers ii take established people arkansas enjoy reserved powers selection representatives congress purporting exercise reserved powers agreed among candidates covered amendment already elected three terms house representatives two terms senate eligible appear ballot reelection nonetheless term limits thornton returned congress enough voters sufficiently enthusiastic candidacy write names whatever one might think wisdom arrangement may override decision people arkansas unless something federal constitution deprives power enact measures majority settles qualifications clauses constitutional provisions amendment violates see ante read provisions impose unstated prohibitions unnecessary decide whether majority correct identify arkansas restriction laws fixing true term limits otherwise prescribing qualifications congressional office discuss part qualifications clauses merely straightforward recitations minimum eligibility requirements framers thought essential every member congress meet restrict state power prevent abolishing eligibility requirements membership congress text qualifications clauses support position majority turns instead vision democratic principles animated framers majority analysis goes question us whether congress power prescribe qualifications members discuss part democratic principles contributed framers decision withhold power congress prove framers also deprived people reserved authority set eligibility requirements representatives part review majority specific historical evidence extent bear case records philadelphia convention affirmatively term limits thornton support unwillingness find hidden meaning qualifications clauses surviving records ratification debates help neither side postratification period five supplemented constitutional disqualifications first election laws historical evidence thus refutes notion qualifications clauses generally understood exclusive yet majority must establish understanding order justify position clauses impose unstated prohibitions people view historical evidence simply inadequate warrant majority conclusion qualifications clauses mean anything say provisions generally known qualifications clauses read follows person shall representative shall attained age twenty five years seven years citizen shall elected inhabitant state shall chosen art cl person shall senator shall attained age thirty years nine years citizen shall elected inhabitant state shall chosen art cl majority quite correct negative phrasing clauses little relevance see term limits thornton ante qualifications clauses mean thing enacted form philadelphia convention referred committee style every member house representatives shall age years least shall citizen least seven years election shall time election inhabitant state shall chosen farrand every person shall attained age twenty five years seven years citizen shall elected inhabitant state shall chosen shall eligible representative joseph story thought prohibition nonetheless implicit constitutional list qualifications rom nature provision affirmation qualifications seem imply negative others commentaries constitution see also ante argument rests maxim expressio unius est exclusio alterius framers decided qualifications include constitution also decided include qualifications constitution story view term limits thornton conflict latter decision people individual decide matter state law like representatives congress meet additional eligibility requirements spell logic underlying argument expose weakness even one willing ignore distinction requirements enshrined constitution requirements framers content leave within reach ordinary law story application expressio unius maxim takes account federalism specification certain nationwide disqualifications constitution implies negation nationwide disqualifications imply individual people barred adopting disqualifications basis thus one delegate philadelphia convention voiced anything approaching story argument said recital qualifications constitution imply congress lacked power see farrand remarks john dickinson cf ante qualifications clauses prevent individual abolishing eligibility requirements congress restriction state power reflects fact people one state send immature disloyal unknowledgeable representatives congress jeopardize interests also interests people congress wields power people state need guarantee legislators elected people meet minimum standards competence qualifications clauses provide guarantee list requirements term limits thornton framers considered essential protect competence national legislature people state decide like representatives possess additional qualifications however done nothing frustrate policy behind qualifications clauses anyone possesses constitutional qualifications plus qualifications required state law still federal qualifications accordingly fact constitution specifies certain qualifications framers deemed necessary protect competence national legislature imply strips people individual power protect interests adding requirements representatives people legitimately complain people arkansas decide particular election send congress constitution gives people basis complain people arkansas elect freshman representative preference incumbent case hard see rights people violated people arkansas decide enact general disqualification term limits thornton incumbents disqualification certainly subject scrutiny constitutional provisions first fourteenth amendments long candidate send congress meets constitutional age citizenship inhabitancy requirements people arkansas violated qualifications clauses conclusion buttressed reluctance read constitutional provisions preclude state power negative implication structure constitution counsels hesitation article contains brief list express prohibitions cf cipollone liggett group stevens slip applying expressio unius maxim conclude congress inclusion express clause federal statute implies state laws beyond reach clause nevada hall stevens suggesting light tenth amendment constitution express prohibitions caution exercised concluding unstated limitations state power intended framers many prohibitions listed moreover might thought implicit constitutional provisions nature federal system compare art ii cl president shall power advice consent senate make treaties art cl congress shall power coin money art cl state shall enter treaty state shall coin money see also art vi cl explicitly declaring state law override constitution fact framers nonetheless made prohibitions express confirms one lightly read provisions like qualifications clauses implicit deprivations state power see generally term limits thornton barron ex rel tiernan mayor baltimore pet majority responds patchwork state qualifications undermin uniformity national character framers envisioned sought ensure ante yet framers thought perfectly consistent national character congress senators representatives state chosen legislature people state majority never explains congress fundamental character permits system nonetheless prohibits people state legislatures setting eligibility requirements candidates seek represent majority related assertion framers intended qualification requirements uniform conclusion argument indeed conclusion qualifications clauses contradict time framing years thereafter clauses citizenship requirements incorporated laws varied state state thus qualifications clauses made term limits thornton possible person qualified represent state congress even though similarly situated person qualified represent state understand point requires background constitution adopted citizenship controlled entirely state law different established different criteria see kettner development american citizenship pp even constitution gave congress power establish uniform rule naturalization throughout art cl congress obligation framers surely expected state law continue full force unless congress acted cf sturges crowninshield wheat interpreting part cl empowers congress establish uniform laws subject bankruptcies accordingly constitutional requirement members congress citizens meant different things different first case house representatives involved citizenship congressman south carolina illustrates principle representative james madison told colleagues take clear point term limits thornton guided decision laws constitution south carolina far guide us laws expressly guide us must guided principles general nature cases contested elections congress clarke hall eds reporting proceedings may even congress chose exercise power prescribe uniform route naturalization durational element citizenship requirement qualifications clauses ensured variances state law continue matter thus senate refused seat albert gallatin owing individual peculiarities laws two relevant citizen required nine years reporting proceedings february even qualifications clauses incorporated nonuniform requirements course still basis assertion plurality mandate uniformity qualifications see ark clauses wholly omit exclusivity provision according plurality today majority central focus fact neither text apparent purpose qualifications clauses anything refute thomas jefferson elegant legal analysis constitution silent nobody doubt right prescribe qualifications disqualifications send represent belonged state also constitution might prescribed whole excluded others seems preferred middle way exercised power part declaring disqualifications declare member shall lunatic pauper convict term limits thornton treason murder felony infamous crime district prohibit state power declaring disqualifications particular circumstances may call may different different course tenth amendment power reserved state letter joseph cabell writings thomas jefferson lipscomb ed although qualifications clauses neither state imply prohibition finds majority infers framers democratic principles clauses must generally understood preclude people state legislatures prescribing additional qualifications representatives congress majority evidence point establishes two modest propositions framers want federal constitution impose broad set disqualifications congressional office framers want federal congress able supplement disqualifications constitution set forth logical conclusion simply framers want people state legislatures constrained many qualifications term limits thornton imposed national level evidence support majority sweeping conclusion framers intended bar people state legislatures adopting additional eligibility requirements help narrow choices agree majority congress power prescribe qualifications members fact however show qualifications clauses contain hidden exclusivity provision reason congress incapacity qualifications clauses deprive congress authority set qualifications rather nothing constitution grants congress power absence grant congress may act deciding whether constitution denies power people requires fundamentally different legal analysis despite majority claims contrary see ante explanation congress incapacity supplement qualifications clauses perfectly consistent reasoning powell mccormack powell concerned scope article provides ach house congress shall judge elections returns qualifications members majority recognizes principal issue powell whether power granted house art includes power impose qualifications set forth text constitution ante contrary majority suggestion critical question powell whether conferred power whether qualifications clauses took away compare powell supra describing question power constitution confers upon house art describing task determining meaning art term limits thornton ante suggesting powell held qualifications clauses limit power house impose additional qualifications see also buckley valeo taking view powell powell analysis confirms point summarizing large quantity historical material bearing original understanding meant legislature act judge qualifications members see powell went stress philadelphia convention specifically rejected proposals grant congress power pass laws prescribing additional qualifications members convention rejected proposals day approved precursor see given historical evidence powell refused read empowering house prescribe additional qualifications capacity judge nothing constitution gave house power inevitably followed house exercise despite majority claims powell rested proposition institutions federal government enjoy powers granted see also ante describing qualifications clauses merely independent basis result reached powell term limits thornton fact framers grant power congress imply wanted bar exercise state level one reason framers decided let congress prescribe qualifications members incumbents used power perpetuate ilk office madison pointed philadelphia convention members congress obvious conflict interest determine may run farrand see also ante neither people state legislatures labor conflict interest prescribing qualifications members congress framers use different calculus determining whether deprive power majority argues democratic principles also contributed framers decision withhold power congress majority wrong suggest principles must also led framers deny power people state legislatures particular simply true source qualification little moment assessing qualification restrictive impact ante world difference constraint constraint imposed congressional power qualifications enabled representatives acting collectively national legislature prevent people another state electing preferred candidates john wilkes episode england illustrates problems might result term limits thornton majority mentions wilkes district repeatedly elected house commons majority representatives districts frustrate voting exclude see ante americans remembered events might well wanted prevent national legislature fettering choices people individual state house representatives state legislators senate yet simply say qualifications set national level offices whose occupants selected state level majority never identifies democratic principles violated state legislature days constitution amended provide direct election senators imposed limits field candidates consider appointment likewise majority explain democratic principles forbid people state adopting additional eligibility requirements help narrow choices among candidates seeking represent house representatives indeed invocation democratic principles invalidate amendment seems particularly difficult present case amendment remains fully within control people arkansas wanted repeal despite margin enacted less three years ago simple majority vote see ark amdt term limits thornton majority appears believe restrictions eligibility office inherently undemocratic qualifications clauses prove framers share view eligibility requirements people consent perfectly consistent framers scheme fact described authority people determine qualifications important government officials authority lies heart representative government gregory ashcroft internal quotation marks omitted refusing read federal law preclude imposing mandatory retirement age state judges subject periodic retention elections people state decide restrict field candidates willing send washington representatives simply violated principle people choose please govern see elliot remarks alexander hamilton new york convention one point majority suggests principle identified hamilton encompasses electorate right choose also egalitarian concept opportunity elected open see ante see also ante extent second idea content independent first majority apparently read qualifications clauses create personal right candidate congress set right authority people prescribe eligibility requirements public office never suggested opportunity elected open even voters decided elect rationale candidate might right appear ballot general election even though lost primary see storer brown term limits thornton see also bullock carter rejecting proposition fundamental right candidate separate apart electorate right vote thus majority ultimately concedes egalitarian concept derives entirely electorate right choose see ante see also ante deriving egalitarian ideal proposition qualifications clauses unduly fetter judgment people quoting federalist latter violated neither former seeking ratification constitution james madison assert nder reasonable limitations set house qualifications clause door part federal government open merit every description federalist majority stresses assertion others effect support egalitarian concept see ante reason interpret statements anything claims constitution imposes relatively disqualifications congressional office term limits thornton one lightly assume madison colleagues attempting win support state level new constitution proclaiming inability people state legislatures prescribe eligibility requirements representatives senators instead merely responding charge constitution undemocratic lead aristocracies office cf ante referring antifederalist charge new constitution favored wealthy statement qualifications imposed constitution unduly restrictive hardly implies constitution withdrew power people state prescribe additional eligibility requirements representatives desired fact authority narrow field candidates way may part parcel right elect members congress right choose may include right winnow see hills defense term limits thornton state constitutional limits federal congressional terms pitt rev appreciate point useful consider constitution existed seventeenth amendment adopted framers scheme called legislature state choose senators state art cl majority offers reason believe state legislatures adopt prospective rules guide carrying responsibility express language constitution barring legislatures passing laws narrow choices also absolutely basis inferring prohibition imagine scenario state legislature wishing punish one senators state vote bill enacts qualifications law senator satisfy senator still able serve term constitution provides senators chosen terms art cl person seated congress removed members house vote expel cl senator disqualified seeking reappointment framers constitution state legislature already enjoyed unfettered discretion deny reappointment anyway instead passing qualifications law legislature simply passed resolution declaring intention appoint someone else next time around thus legislature power adopt laws narrow choices added nothing general appointment power easier coordinate majority state legislators coordinate majority qualified voters basic principle contexts state legislature enjoyed virtually unfettered discretion appoint senate art qualified voters state term limits thornton enjoyed virtually unfettered discretion elect house representatives art reason believe framers constitution barred state legislatures adopting prospective rules narrow choices senator also reason believe barred people adopting prospective rules narrow choices representative addition surely reason believe senate qualifications clause suddenly acquired exclusivity provision seventeenth amendment adopted people charged choosing senators representatives follows may adopt eligibility requirements senators well representatives go see nothing constitution precludes people state desire authorizing elected state legislators prescribe qualifications behalf people state decide trust state legislature power free amend state constitution withdraw arrangement seems perfectly consistent framers scheme time framing civil war example federal constitution bar state governments abridging freedom speech freedom press even freedoms exercised connection congressional elections state constitutions determined whether state governments silence supporters disfavored congressional candidates state constitutions determined whether persecute people held disfavored religious beliefs expropriate property without providing compensation odd state constitutions also determined whether state legislature pass qualifications statutes term limits thornton one need agree people state may delegate power order uphold arkansas amendment amendment act state legislature act people arkansas adopted direct election inserted state constitution majority never explains giving effect people decision violate democratic principles undergird constitution instead majority discussion democratic principles directed entirely attacking eligibility requirements imposed people state entity majority protests distinction people state legislatures untenable astonishing see ante limited area congressional elections however framers drew distinction specifically provided senators chosen state legislatures representatives chosen people context congressional elections framers obviously saw meaningful difference direct action people state action state legislatures thus even one believed framers intended bar state legislatures adopting qualifications laws restrict people choices follow people precluded agreeing upon eligibility requirements help narrow choices sure qualifications clauses exclusive bar additional qualifications whether adopted popular initiative statute majority simply assumes state legislatures barred prescribing qualifications must qualifications clauses exclusive strain text constitution far less locate bar article seventeenth amendment instead one plausibly maintain term limits thornton qualification requirements imposed state legislatures violate constitutional provisions entrusting selection members congress people even one acknowledges qualification requirements imposed people perfectly constitutional majority never justifies conclusion democratic principles require reject even intermediate position addition arguments democratic principles majority asserts specific historical evidence supports view framers intend permit supplementation qualifications clauses one focuses distinction congressional power add qualifications congressional office power people state legislatures add qualifications one realizes assertion little basis particular detail majority recites historical evidence set forth powell mccormack obscure fact evidence bearing question majority ultimately concedes see ante establish framers intent qualifications constitution fixed exclusive ante shows framers intend congress able enact qualifications laws anything term limits thornton term limits thornton solidity evidence supporting powell view congress lacks power supplement constitutional disqualifications merely highlights weakness majority evidence people also lack power extent records philadelphia convention shed light case tend hurt majority case evidence directly bears question comes committee detail body convention charged crucial task drafting constitution reflect decisions convention reached first two months work document max farrand described early perhaps first draft committee work survived among papers george mason farrand xxiii draft handwriting edmund randolph chairman committee emendations hand john rutledge another member committee professor farrand noted ach item document either checked crossed showing used preparation subsequent drafts see also meigs growth constitution federal convention pp providing facsimile document document extensive outline constitution treatment national legislature divided term limits thornton two parts one house delegates one senate qualifications clause house delegates originally read follows qualifications delegate shall age twenty five years least citizenship person possessing qualifications may elected except blank space ii emphasis added drafter language apparently contemplated committee might want insert exceptions exclusivity provision rather simply deleting word except might done decided exceptions exclusivity provision committee deleted exclusivity provision document come us words colon crossed ibid majority speculates exclusivity provision may deleted superfluous see ante draft contained exclusivity language house qualifications clause contained language senate qualifications clause see farrand thus draft appears reflect deliberate judgment distinguish house qualifications senate qualifications make former exclusive deletion exclusivity provision indicates committee expected neither list qualifications exclusive term limits thornton majority responds absence exclusivity provision committee draft senate qualifications clause merely reflected fact senators unlike representatives chosen popular election ante perfectly prepared accept explanation drafter may well thought state legislatures prohibited constricting people choices house representatives exclusivity provision necessary senate side state legislatures already unfettered control appointment senators accept explanation however acknowledge exclusivity provision committee draft house qualifications clause thought mere surplusage also acknowledge senate qualifications clause committee draft qualification senator shall age years least citizenship property amount blank space farrand carry implicit connotation exclusivity short majority explanation difference two qualifications clauses committee draft fundamentally odds expressio unius argument majority rests holding unable glean philadelphia convention direct evidence helps position majority seeks signs framers unstated intent framers comments four constitutional provisions see ante citing art cl cl cl cl majority infers provisions framers wanted minimize possibility state interference federal elections ante even majority reading evidence correct one term limits thornton infer framers want state legislatures able prescribe qualifications narrow people choices see supra however wary framers might permitting state legislatures exercise power absolutely reason believe framers feared letting people exercise power cf federalist madison feared people alter part constitutions manner abridge rights secured federal constitution event none provisions cited majority inconsistent state power add qualifications congressional office first majority cites constitutional requirement congressional salaries ascertained law paid treasury art cl like qualifications clauses however salary provision seen simply another means protecting competence national legislature reflected majority evidence see ante see also farrand remarks james madison one recurring themes debate provision congressional compensation left parsimonious might reduce salaries low incapable people willing serve congress majority stresses delegates philadelphia convention argue leaving congressional compensation various give members congress improper dependence upon remarks james madison ante delegates presumably want state legislatures able tell members congress state vote bill slash salary power approximate term limits thornton power recall framers denied specified terms members congress framers may well thought state power salary like state power recall inconsistent notion congress national legislature assembled state power initial eligibility requirements raise concerns perfectly coherent framers leave selection matters state level providing members congress draw federal salary took office thus compensation clause seems wholly irrelevant contrary majority suggestion see ante address elections second majority gives passing mention clause article specifies state voters house elections shall qualifications requisite electors numerous branch state legislature records philadelphia convention provide evidence majority assertion purpose clause prevent discrimination federal electors see ante fact clause term limits thornton may simply natural concomitant one framers famous decisions convention considerable debate whether members house representatives selected state legislatures directly voters state taken whole first clause article including provision implements framers decision specifies representatives state chosen state voters people eligible participate elections numerous branch state legislature third majority emphasizes article ach house congress shall judge elections returns qualifications members see ante recorded discussion provision philadelphia convention appears simply adopt practice term limits thornton england parliament see supra according majority however implies framers intended state law ever provide standard judging member eligibility ante conclusion may prescribe eligibility requirements members congress necessarily mean term qualifications used article includes requirements one surely read term simply refer back requirements framers listed qualifications clauses encompass whatever requirements might add see nixon slip dictum asserting context demonstrates word ualifications precise limited nature referred qualifications previously set forth art framers deemed constitutional qualifications essential protect competence congress hence national interest quite plausible framers wanted house make sure members possessed qualifications left enforce whatever qualifications imposed state level protect state interests even understanding incorrect see nothing odd notion house congress might consider state law judging qualifications members fact refutes majority argument generally state law determines necessary win election whether particular ballot valid house congress clearly must look state law judging elections returns members hardly strange house precisely thing judging qualifications indeed even term limits thornton majority understanding constitution time framing qualifications questions turned issues citizenship governed state law see supra generally basis majority assertion framers charged federal tribunals task judging questions concerning rights depend state law see ante cases involving questions federal law hardly exhaust categories cases framers authorized federal courts decide see art iii cl founding generation moreover seemed assign relatively little importance constitutional grant jurisdiction cases arising constitution laws treaties made authority ibid first congress never even implemented jurisdictional grant trial level congress revolutionized concept federal judiciary giving federal courts broad jurisdiction suits arising federal law see bator meltzer mishkin shapiro hart wechsler federal courts federal system ed contrast founding generation thought important implement immediately constitutional grant diversity jurisdiction rules decision generally come entirely state law see judiciary act stat erie tompkins fourth final provision relied upon majority clause giving congress power override state regulations times places manner holding congressional elections art cl fact framers gave congress power make alter state rules election procedure majority infers framers also wanted congress enjoy override term limits thornton authority respect matters substance left see ante congress enjoys make alter powers area majority concludes framers must thought state legislatures able enact qualifications laws framers provided congressional override trusted congress even respondents acknowledge primary reason make alter power enable congress ensure held elections first place see tr oral arg see also supra framers trust congress came preserving federal government existence advance interest give congress capacity prescribe date mechanics congressional elections discussed however framers trusted congress came setting qualifications members congress see supra indeed majority accepts proposition see ante acknowledging framers particularly concerned congressional power set qualifications judge comments made state ratifying conventions congress make alter power designed serve coordination function addition ensuring least rudimentary election laws instance george nicholas argued virginia convention regulation time congressional elections left exclusively might many times choosing intervals might elapse first last election prevent sufficient number form house documentary history ratification constitution kaminski saladino eds term limits thornton reason national legislature lacked make alter power might happen congress might happen time urgent business rendered session necessary ibid cf elliot remarks thomas mckean pennsylvania ratifying convention defending ground congressional elections held day throughout prevent corruption undue influence however desire coordinate state election procedures require giving congress power qualifications laws structure constitution also undermines majority suggestion bizarre framers give congress supervisory authority state time place manner regulations state qualifications laws although constitution set forth nationwide disqualifications office presidential elector see art ii cl senator representative person holding office trust profit shall appointed elector one contends disqualifications implicitly prohibit adding eligibility requirements instead article ii leaves free establish qualifications delegates electoral college see supra nothing constitution moreover gives congress say additional eligibility requirements people state legislatures may choose set yet article ii congress may determine time chusing electors art ii cl majority thus creates unwarranted divergence article provisions selection members congress article ii provisions selection members electoral college properly understood treatment congressional elections term limits thornton article parallels treatment presidential elections article ii article article ii people enjoy reserved power establish substantive eligibility requirements candidates congress power override requirements article ii authorizes congress prescribe must select presidential electors article gives congress ultimate authority times places manner holding congressional elections majority response reading constitution permit use power achieve result congress make alter power designed avoid according majority set qualifications high candidate meet congress powerless anything ante even majority correct congress nullify impossible qualifications however constitution proscribes state laws majority surely concede framers constitution state legislature affirmative duty appoint two people senate see art cl senate shall composed two senators state chosen legislature thereof emphasis added cf art cl vacancies happen resignation otherwise recess legislature state executive thereof may make temporary appointments next meeting legislature shall fill vacancies exactly way requires send people senate also requires send people house see art cl house representatives shall composed members chosen every second year people several cf art cl term limits thornton vacancies happen representation state executive authority thereof shall issue writs election fill vacancies majority apparently concerned reading make alter power congress able enforce constitutional proscription impossible qualifications enforcement instead relegated courts executive branch political process concern equally applicable whether one adopts view qualifications clauses majority view majority agree unconstitutional establish impossible qualifications congressional office majority also agree theoretically conceivable state might defy proscription erecting impossible qualification whether congress may use make alter power override laws turns entirely one reads make alter power nothing whether one believes qualifications clauses exclusive necessarily unusual framers decided using congress make alter power guard state laws disqualify everyone service house although power extended times manner selecting senators well representatives authorize congress pick senators state whose legislature defied constitutional obligations refused appoint anyone mean duty appoint senators retained power destroy federal government simple expedient refusing meet duty merely means framers place remedy congress term limits thornton flaws majority argument go deeper contrary majority basic premise congress nullify state laws establish impossible qualifications state actually holds election afterwards purports disqualify winner failure meet impossible condition congress certainly bound purported disqualification house congress judge ualifications members see art cl even task includes responsibility judging qualifications imposed state law see supra congress obviously power duty treat unconstitutional state law nullity thus congress provide appropriate remedy state defiance simply seating winner election follows situation feared majority arise state refused hold election first place ground candidate meet impossible qualification congress unquestionably power override refusal plain terms congress make regulation providing state hold congressional election particular time place particular manner term limits thornton discussing ratification period majority stresses two principal data one pieces evidence evidence literally majority devotes considerable space fact recorded ratification debates contain affirmative statement supplement constitutional qualifications see ante majority void compelling evidence unquestionably reflects framers common understanding lacked power ante majority reasons delegates several ratifying conventions attacked constitution failing require members congress rotate office term limits thornton supporters ratification believed individual supplement constitutional qualifications majority argues blunted attacks pointing rotation requirements still added state state see ante majority argument cuts ways recorded ratification debates also contain affirmative statement supplement constitutional qualifications ratification debated existing rule america prescribe eligibility requirements delegates congress see supra even though articles confederation gave congress power impose qualifications federal constitution understood deprive significant power one might well expected opponents seize point arguing ratification fact arguments based absence recorded debate ratification conventions suspect surviving records debates fragmentary records debates several conventions documentary history ratification constitution jensen ed spotty records others see ibid elliot hutson creation constitution integrity documentary record texas rev term limits thornton one concedes absence relevant records ratification debates strong evidence either side majority significant piece evidence ratification period federalist contrary majority assertion however essay simply talk lack state control qualifications elected whether explicitly otherwise see ante true federalist contrasts constitution treatment qualifications voters elections house representatives treatment qualifications representatives madison noted framers specify uniform qualifications franchise constitution instead simply incorporated state rules eligibility vote elections numerous branch state legislature contrast madison continued framers chose impose particular qualifications members house satisfy madison say qualifications elected susceptible uniformity qualifications electors federalist say constitution prescribes anything uniform minimum qualifications congressmen congressional electors see reason infer federalist framers intended deprive power add minimum qualifications madison note existing state constitutions defined qualifications elected phrase essay used refer members congress less carefully properly defined qualifications voters madison possibly rebuking setting unduly high qualifications representatives congress actually established sketchiest term limits thornton qualifications time madison wrote various state constitutions generally provided state legislature appoint state delegates federal congress four state constitutions added provision tracked one articles confederation constitutions also specified people held certain salaried offices ineligible represent state congress two state constitutions prescribed qualifications delegates congress context madison wrote state constitutions defined qualifications members congress less carefully properly defined qualifications voters meant existing state qualifications enough safeguard congress competence state constitutions adopted age citizenship inhabitancy requirements framers considered essential madison comments readily explain framers merely incorporate state qualifications congress term limits thornton imply framers intended withdraw power supplement list qualifications contained federal constitution though federalist address question one might wonder qualifications clauses simply incorporate existing qualifications members state legislatures opposed delegates congress however framers failure taken implicit criticism setting unduly high entrance barriers contrary age citizenship qualifications set federal constitution considerably higher corresponding qualifications contained state constitutions force time state constitution required members lower house state legislature years old two required members upper house see const pt ii thorpe const art xii thorpe many moreover permitted naturalized aliens take seats state legislature within one two years becoming citizens see kettner development american citizenship majority responds time framing imposed property qualifications members state legislature see ante fact framers believe uniform minimum property requirement necessary protect competence congress surely need term limits thornton mean framers intended preclude setting property qualifications fact constitutional text supports contrary inference majority observes see ante time framing also imposed religious qualifications state legislators framers evidently want impose qualifications federal legislators constitution specifically provides religious test shall ever required qualification office public trust art vi cl context plain language clause show bars well federal government imposing religious disqualifications federal offices reason extending clause protect senators representatives religious qualifications know one else holds public trust yet might subject state disqualifications expressio unius maxim cuts direction case undermines majority position framers prohibition religious disqualifications members congress suggests types disqualifications permissible see rotunda rethinking term limits federal legislators light structure constitution rev term limits thornton century ago asked invalidate michigan election law called presidential electors elected basis rather chosen state whole see art ii cl conceding constitution might ambiguous score asserted ambiguity doubt two views may well entertained contemporaneous subsequent practical construction entitled greatest weight mcpherson blacker described selection processes used participated first presidential election participated participated though acknowledging subsequent years adopted general ticket system nonetheless found history decisive proof constitutionality district method thus resolved doubts favor state law contemporaneous practical exposition constitution strong obstinate shaken state practice immediately ratification constitution refutes majority suggestion qualifications clauses commonly understood exclusive five supplemented constitutional disqualifications first election laws surviving records suggest legislatures considered rejected interpretation constitution majority adopts today majority concedes first virginia election law erected property qualification virginia contingent federal house representatives see virginia election law documentary term limits thornton history first federal elections pp denboer ed hereinafter first federal elections restricting possible candidates freeholder constitution merely requires representatives inhabitants state legislatures five seven divided districts house elections added representatives also inhabitants district elected three adopted durational residency requirements insisting representatives resided within districts least year one case three years elected term limits thornton attempt neutralize significance district residency requirements respondent hill asserts evidence state legislature focused created requirements fact adding constitutional qualifications brief respondents bobbie hill et al claim simply false massachusetts instance legislature charged committee drafting report election methods fourth article resulting report called state divided eight districts elect one representative require representatives residents districts elected joint committee report first federal elections members state house representatives discussed report proposed adding district residency requirement met claim federal constitution barred legislature specifying additional qualifications see massachusetts centinel reporting proceedings first federal elections considerable debate house approved committee version fourth article vote ibid state senate approved district residency amendment first federal elections house voted retain although record legislative debates virginia election law letter written one members house delegates relevant period indicates state legislature considered possible constitutional objection additional disqualifications letter term limits thornton edward carrington opponent district residency requirement expressed view requirement may exceed powers assembly acknowledged prospect struck federalists well least professed think right letter carrington madison carrington correct views colleagues vote house delegates rejected motion delete added qualifications similar motion state senate lost vote surviving records maryland georgia less informative show legislatures gave special attention district residency requirements enacted term limits thornton five original adopted district residency requirements fact north carolina records poor impossible draw inferences whether legislature gave careful attention implications requirement term limits thornton majority asserts state practice respect residency requirements necessarily indicate believed broad power add restrictions may simply viewed district residency requirements necessary analog state residency requirements ante argument fails even terms considered district residency requirements necessary success district election system agreed majority constitution prohibited supplementing constitutional list qualifications simply rejected district system used statewide elections majority deems district residency requirements unconstitutional added qualifications see ante term limits thornton majority argument also fails account durational element residency requirements adopted georgia north carolina virginia soon thereafter tennessee obliged congressmen district residents elected also district residents least year see supra finally majority argument explain election schemes maryland georgia though divide congressional districts allowed every voter vote one candidate district see georgia election law first federal elections maryland election law first federal elections words maryland georgia imposed district residency requirements despite permitting every voter state vote every representative state neither possibly seen district residency requirements necessary analog anything imposed requirements solely sake majority nonetheless suggests initial election laws adopted actually support position enact many disqualifications see ante context majority alludes fact state imposed religious qualification federal legislators even though new hampshire continued require state legislators protestants north carolina imposed similar requirement people holding places trust state civil department see ante majority concedes article vi federal constitution prohibited imposing similar qualifications federal legislators ante discussed constitutional treatment religious qualifications tends term limits thornton undermine rather support majority case see supra majority also points state required federal representatives rotate office serving one terms ante time framing however requirements increasingly disfavored policy grounds advantages incumbency substantially fewer turnover office naturally quite high perceived advantages term limits therefore smaller today perceived disadvantages great term limits prevented people keeping good legislators office even wanted see wood creation american republic true articles confederation four imposed term limits delegates congress see ante three provisions added nothing limits articles see md const form government art xxvii echoing article confederation thorpe const pt ii thorpe const art xxxvii similar thorpe one contained minor variation provision articles see const frame government thorpe indeed though majority says many imposed term limits state officers ante appears time framing pennsylvania imposed restriction members state legislature pennsylvania deleted restriction adopted new constitution compare const frame government thorpe const thorpe cf const form government perhaps imposing term term limits thornton limits members upper house state legislature thorpe seems likely failure state impose term limits senators representatives simply reflected decisions restrictions majority counters delegates three state ratifying conventions virginia new york north carolina proposed amendments required rotation ante cf ante amendments proposed north carolina convention virginia convention imposed term limits president members congress see elliot north carolina person shall capable president eight years term fifteen years virginia similar majority correct conventions also voiced support term limits members congress see ante evidence conventions supports position rather majority conventions deemed necessary constitution impose term limits president term limits thornton state think necessary constitution impose term limits members congress understanding virginia north carolina conventions meshes election laws adopted view supplement qualifications clauses see supra majority draw support state treatment religious qualifications rotation requirements left state treatment property qualifications true nine state constitutions effect time framing required members lower house state legislature possess property see ante four constitutions revised shortly framing continued impose requirements see ante one state contrast established property qualification federal term limits thornton house representatives fact adopt congressional property qualifications mean qualifications clauses commonly understood exclusive host explanations relative liberality state election laws whatever explanation term limits thornton fact remains five election laws enacted immediately ratification constitution imposed additional qualifications clearly unconstitutional today holding history state practice every bit strong history deemed decisive mcpherson blacker refutes majority position qualifications clauses generally understood include unstated exclusivity provision true final category historical evidence discussed majority controversies house senate seating candidates duly elected arguably failed satisfy qualifications imposed state law majority concedes congressional practice erratic limited relevance anyway ante quoting powell mccormack actions taken single house congress shed little light original understanding constitution presumably reason majority puts chief emphasis debate house representatives whether seat maryland william mccreery see ante agree majority debate might lend support majority position transpired reported powell mccormack see ante discussion powell today misleading term limits thornton maryland statute dating created district entitled send two representatives house one resident baltimore county resident baltimore city mccreery elected ninth congress resident baltimore city reelection tenth congress however qualifications challenged ground divided time summer estate baltimore county residence washington longer resident baltimore city majority notes report house committee elections recommended mccreery seated ground state legislatures authority add qualifications set forth constitution see annals cong ante committee submission initial report sparked heated debate spanned four days many speeches sides issue see annals cong reporting proceedings finally large majority house voted recommit report committee elections committee thereupon deleted references constitutional issue issued revised report focused entirely factual question whether mccreery satisfied state residency requirement receiving new report house seated mccreery resolution simply saying resolved william mccreery entitled seat house overwhelming majorities house rejected proposal specify mccreery possessed qualifications required law maryland proposal declare duly qualified agreeably constitution far supporting term limits thornton majority position mccreery episode merely demonstrates house representatives deeply divided whether state legislatures may add qualifications set forth constitution majority needs prohibition today majority enforces found nowhere text qualifications clauses absence evidence clauses nonetheless generally understood time framing imply prohibition may use clauses invalidate decisions state people iii radical enough majority hold constitution implicitly precludes people prescribing eligibility requirements congressional candidates seek votes holding stop negating term limits many seen fit impose senators representatives today decision also term limits thornton means state may disqualify congressional candidates found mentally incompetent see stat currently prison see comp stat ch west supp past convictions see code ann supp likewise today decision people state must leave open possibility trust someone vote congress even though trust vote election congress see laws restricting candidacy people qualified vote order invalidate amendment however majority must go farther bulk majority analysis like part ii dissent addresses issues raised arkansas prescribed genuine unadulterated undiluted term limits see rotunda parties agreed amendment actually create kind disqualification see tr oral arg cf ante say covered candidates may serve terms congress reelected indirectly achieve result barring candidates seeking reelection says win reelection must votes term limits thornton one might think distinction without difference majority notes uncontested data submitted arkansas show candidates six congressional elections century ante data accuracy indeed uncontested petitioners filed equally uncontested affidavit challenging data relevance political science professor james fay swore arkansas ost candidacies past waged fringe candidates little public support extremely low name identification app best professor fay knowledge modern times two incumbent congressmen ever sought reelection candidates one dale alford arkansas first entered house representatives winning vote candidate alford waged campaign reelection winning landslide vote opponent enjoyed place ballot incumbent candidate philip philbin massachusetts despite losing party primary thus spot ballot vote unsuccessful candidacy see according professor fay results coupled examples successful campaigns ross perot victory north dakota democratic presidential primary demonstrate candidate quite possible win election ibid majority responds whether arkansas amendment likely effect creating qualification simply irrelevant holding today ante majority bases holding asserted exclusivity qualifications term limits thornton clauses never adequately explains take position still reach conclusion one possible explanation actual effect arkansas amendment might irrelevant arkansas already issued binding determination fact point thus majority notes state advised us nothing faint glimmer possibility excluded candidate win ante majority referring mere plurality opinion signed three seven justices decided case one two justices concurred plurality holding amendment violates qualifications clauses write practical matter amendment place term limits service congress immediately followed comment concession candidacies entirely hopeless point simply practical matter candidates distinct disadvantage dudley concurring part dissenting part result majority may rely upon state proposition amendment makes specified candidates distinct ly worse absence unassailable proposition petitioners conceded current posture case indeed extremely irregular arkansas gone farther disputed questions fact arkansas elsewhere generally resolved trial rather appeal entry summary judgment see ark rule civ proc accordingly majority explicitly disclaims term limits thornton reliance state purported finding effect amendment see ante instead majority emphasizes another purported conclusion arkansas majority notes plurality asserted intent amendment disqualify congressional incumbents service according majority must course accept state view purpose law thus authoritatively informed sole purpose amendment attempt achieve result forbidden federal constitution ante sure intent behind law affect analysis qualifications clauses law fact add constitutional qualifications mistaken expectations people enacted seem affect whether violates alleged exclusivity clauses event majority wrong state term limits thornton told us even plurality flatly assert desire disqualify congressional incumbents sole purpose behind amendment important neither justices concurred plurality holding said anything intent behind amendment result attribute findings issue arkansas majority suggests matter amendment says purpose evading requirements qualifications clauses see ante referring avowed purpose amendment majority bases assertion amendment preamble speaks limit ing terms elected officials see ante statement may referring amendment impose true term limits state officeholders even statement refers well may simply reflect limiting effects drafters preamble expected flow perceived restoration electoral competition congressional races see infra event inquiries legislative intent even difficult usual legislative body whose unified intent must determined consists arkansas voters majority nonetheless thinks clear goal prevent election incumbents see ante reaching conclusion stage however majority given short shrift petitioners contrary claim petitioners deny amendment intentionally handicaps class candidates sense decreases electoral chances petitioners deny intended fact prevent covered candidates winning reelection disqualify service term limits thornton one petitioners central arguments congressionally conferred advantages artificially inflated electoral chances covered candidates amendment merely designed level playing field challengers compete understand argument requires background current federal law enacted course congressional incumbents confers numerous advantages incumbents advantages widely thought make significantly difficult challengers defeat cf ante instance federal law gives incumbents enormous advantages building name recognition good home districts see permitting members congress send franked mail free charge permitting members sizable staffs establishing house recording studio senate recording photographic studios time incumbent members congress enjoy benefits congress imposes spending contribution limits congressional campaigns prevent challengers spending overcome disadvantage name recognition app brief state washington amicus curiae statement former representative william frenzel referring many observers believe laws also give incumbents term limits thornton enormous edge challengers giving large financing role entities incentives curry favor incumbents wertheimer manes campaign finance reform key restoring health democracy colum rev addition internal rules congress put substantial premium seniority result member already plentiful opportunities distribute benefits constituents increase length tenure manner congress effectively fines electorate voting incumbents hills pitt cynics see accident former representative frenzel puts practice incumbents devise institutional structures systems favor incumbents app brief state washington fact despite service house administration committee jurisdiction election laws representative frenzel identify instance congress changed election laws way lessen chances incumbents improve election opportunities challengers ibid time incumbents enjoy electoral advantages conferred upon also enjoy astonishingly high reelection rates lloyd cutler reported past thirty years weighted average ninety percent house senate incumbents parties ran reelection reelected even times party lost control presidency cutler time good men wm mary rev see also kristol term limitations breaking iron triangle harv pub policy reporting congress many representatives died defeated polls even november elections term limits thornton widely considered effected sweeping change congress recent memory percent incumbents sought reelection house successful nearly half losers completing first terms reply brief petitioners term limits et al senate incumbents seeking reelection defeated see one elected first time special election years earlier voters arkansas evidently believe incumbents enjoy overwhelming success electoral contests truly fair government put thumb either side scale majority offers reason question accuracy belief given context petitioners portray amendment effort state level offset electoral advantages congressional incumbents conferred upon federal level sure offset rough approximate one knows exactly large electoral benefit comes member congress one knows exactly large electoral disadvantage comes forcing candidate high name recognition run campaign majority base holding premise arkansas struck wrong balance instead majority holds qualifications clauses preclude arkansas trying strike balance majority simply says amendment avowed purpose obvious effect evading requirements qualifications clauses handicapping class candidates stand ante thus majority apparently reach result even one demonstrate trial electoral advantage conferred amendment upon term limits thornton challengers precisely counterbalances electoral advantages conferred federal law upon members congress suggests two possibilities either majority holding wrong amendment violate qualifications clauses assuming accuracy petitioners factual claims electoral system exists without amendment less unconstitutional electoral system exists amendment mean suggest unbridled power handicap particular classes candidates even candidates enjoy federally conferred advantages may threaten skew electoral process laws allegedly purpose effect handicapping particular class candidates traditionally reviewed first fourteenth amendments rather qualifications clauses compare storer brown undertaking lengthy first fourteenth amendment analysis california rule denied ballot access independent candidate congress severed ties political party least one year prior immediately preceding primary election months general election dismissing wholly without merit notion rule might violate qualifications clauses measures tended survive review without difficulty see moore mccartney dismissing appeal state ex rel maloney mccartney ground limits terms state officeholders even raise substantial federal question first fourteenth amendments analyze laws qualifications clauses may open whole new vistas courts true current congressional campaign finance system term limits thornton created electoral system stacked challengers many elections voters real choices wertheimer manes supra federal election campaign act amendments unconstitutional things qualifications clauses cf buckley valeo upholding current system first amendment challenge shown nonminorities significant disadvantage seek election districts dominated minority voters intentional creation districts violate qualifications clauses even survive scrutiny fourteenth amendment cf shaw reno slip express view whether intentional creation districts always gives rise equal protection claim slip stevens dissenting arguing may draw district lines sole purpose helping blacks members certain groups win election congress generally istrict lines rarely neutral phenomena districting inevitably intended substantial political consequences gaffney cummings plausible qualifications clause challenges greet virtually every redistricting decision cf noting general refusal use equal protection clause attemp impossible task extirpating politics essentially political processes sovereign see also burns richardson finding nothing invidious practice drawing district lines way helps current incumbents avoiding contests majority opinion may go far although suggest principled stopping point matter narrowly construed however today term limits thornton decision reads qualifications clauses impose substantial implicit prohibitions people draw expansive negative inference fact constitution requires members congress certain age inhabitants represent citizens specified period rather read qualifications clauses say respectfully dissent ringing initial words constitution people convey something idea constitution consistently plural noun see art cl art ii cl art iii cl art iii cl cf amar sovereignty federalism yale noting fact though reaching conclusions preamble philadelphia convention approved sending constitution committee style even clearer began people massachusetts providence plantations connecticut pennsylvania delaware maryland virginia georgia records federal convention farrand ed hereinafter farrand scholars suggested committee style adopted current language clear actually ratify constitution farrand framing constitution instance least agree majority committee edits work substantive change constitution cf ante concurring opinion appears draw precisely opposite conclusion passage mcculloch contains sentence see ante concurring opinion seizes marshall references people marshall merely using phrase contradistinction state governments counsel maryland noted constitution formed adopted people large people respective suppose mere proposition fundamental law threw american people one aggregate mass assume instrument profess establish mcculloch argument counsel marshall opinion accepted premise even borrowing counsel language see marshall rejected counsel conclusion constitution therefore merely compact see argument counsel marshall explained acts people various ratifying conventions confused measures state governments see also noting state government control whether people state decided adopt constitution time framing course federal congress operating articles confederation years unquestionably enjoyed power establish qualifications delegates body beyond qualifications created articles see brief respondents bobbie hill et al conceding point see also md const art xxvii prescribing qualifications federal state constitutions thorpe ed hereinafter thorpe const pt ii thorpe surprising concurring opinion seeks buttress majority case stressing continuing applicability republican principles prevailed articles see ante despite majority odd suggestion contrary see ante fully agree sensible position see supra though cited majority see ante crandall nevada wall deviate accepted view mcculloch see crandall supra observing mcculloch number cases distinctly placed invalidity state taxes ground interfered authority federal government support decision attribute surplusage mcculloch majority quotes marshall observation opinion deprive resources originally possessed power tax federal instrumentalities encompassed original right tax ante quoting mcculloch part marshall simply refuting counsel argument constitute overwhelming invasion state sovereignty congress establish bank operated within state nonetheless exempt state taxes see argument counsel stressing right raise revenue highest attribute sovereignty indeed amounts right exist marshall acknowledged original right taxation essential attribute state sovereignty congress constitutionally control invade focused precisely counsel nature extent original right concluded include right tax means employed government union execution powers respect referring original powers much context garcia examining whether congress exercise privilege exempting measures state taxation mcculloch supra invaded protected sphere state sovereignty marshall go argue power tax operations bank simply susceptible control people single state see theory perfectly consistent position marshall reasoned people single state may tax instrumentalities employed people national government taxation effectively subject people several taxing power single state see sort argument proves people single state may prescribe qualifications president selection president like operation bank people single state see infra follow however people single state may prescribe qualifications representatives congress see johnson dictionary english language ed defining congress appointed meeting settlement affairs different nations congress cambray sheridan complete dictionary english language ed appointed meeting settlement affairs different nations assembly governs america majority even suggests congressional elections really work way house congress power judge members qualifications see ante citing art cl power act judge art term limits thornton merely power apply qualifications people state consented see powell mccormack whether directs house judge disqualifications well contained constitution see infra clear neither house may exclude representative massachusetts failure meet qualification people massachusetts accepted provision might conceivably article ii recognizes authority state legislatures specify manner state appoints presidential electors qualifications law manner regulation purposes clause also manner regulation purposes article mean constitution specifically recognizes power congress set qualifications senators representatives accord elliot remarks caleb strong massachusetts ratifying convention legislature state refuse make regulations consequence representatives chosen general government dissolved case gentlemen say power remedy evil necessary lodged somewhere lodged congress documentary history ratification constitution jensen ed notes anthony wayne pennsylvania ratifying convention section occasioned eventual invasion insurrection etc federalist hamilton observing subject checks moment annihilate federal government neglecting provide choice persons administer affairs statements clause purposes also help refute majority claim bizarre framers leave term limits thornton relatively free enact qualifications congressional office simultaneously giving congress make alter power time place manner regulations see infra thus age requirement intended ensure members congress people mature judgment experience see farrand remarks george mason philadelphia convention remarks james mchenry maryland house delegates citizenship requirement intended ensure members congress familiar country unduly susceptible foreign influence see remarks george mason inhabitancy requirement intended produce national legislature whose members collectively local knowledge see federalist madison ineligibility clause intended guard corruption see farrand remarks alexander hamilton principle constitution rests consent people points direction process selecting delegates philadelphia convention ratification procedure erected article vii designed let people protect interests lest protections evaded one quick read qualifications clauses imposing unstated prohibitions state qualifications laws cf tribe american constitutional law ed arguing courts hesitate read federal statutes state law give weight federal law mere congressional ambiguity evade procedure lawmaking garcia san antonio metropolitan transit authority relied protect interests gregory ashcroft applying argument even congress enacted first federal naturalization law left open possibility individual establish lenient standards admitting people citizenship hamilton suggested congress power establish uniform rule logically precluded deviating downward rule congress established see federalist early cases question took opposite view see collet collet dall cc wilson blair peters therefore continued enact naturalization laws congress passed exclusive naturalization law see kettner development american citizenship pp majority notes jefferson concession state power supplement qualifications clauses one doubtful questions honest men may differ purest motives see ante writings thomas jefferson lipscomb ed jefferson cautioned impugning motives people might disagree position use phrase course suggests entertain serious doubts correctness majority also errs interpretation nixon see ante dictum nixon refer fixed meaning ualifications set forth art slip surrounding context internal punctuation passage make clear nixon referring meaning word qualifications term even appear house qualifications clause thus nixon merely said directs house judge qualifications set forth art qualifications invention see also infra occasion nixon extend powell term limits thornton point discussion explain question issue powell justiciable question issue nixon concerned impeachment oregon instance pioneered system state legislature bound appoint candidates chosen statewide vote people see hills defense state constitutional limits federal congressional terms pitt rev majority uncomfortable position suggesting system violated democratic principles instance majority quotes noah webster observation constitution places senators wisely left open persons suitable age merit citizens nine years see ante quoting citizen america debate constitution bailyn ed hereinafter bailyn reason read webster denying power state legislatures pass resolutions limiting field potential candidates consider appointment senate indeed seems implausible webster invoking majority vision democratic principles support constitutional provisions calling senators appointed various state legislatures rather elected directly people similarly majority quotes newspaper piece written john stevens people new york see ante stevens gave following explanation assertion man real merit need despair system erected constitution first distinguishes amongst neighbours township county meeting next sent state legislature theatre abilities displayed views every man state hence ascent seat congress becomes easy sure americanus daily advertiser bailyn indisputably controlled eligibility requirements membership various state legislatures indeed established disqualifications read stevens saying barred thing respect congress without addressing whether people may supplement qualifications clauses stevens merely praising constitution imposing requirements instance majority quotes length debate arose philadelphia convention committee detail proposed following clause legislature shall authority establish uniform qualifications members house regard property said legislature shall seem expedient see farrand ante defeat proposal like defeat gouverneur morris motion drop words regard property term limits thornton clause empower congress enact qualifications sort simply reflects framers decision grant congress power supplement constitutional qualifications considered context james madison comments debate might thought go farther see ante majority properly dispels false impression see ante see also powell mccormack likewise powell drew support alexander hamilton comments federalist majority also quotes see ante majority concedes hamilton wrote term limits thornton qualifications persons may choose chosen congress defined fixed constitution unalterable legislature merely restating prior observation power set qualifications forms part power conferred upon national government see federalist emphasis added indeed legislature hamilton referring congress one make sense remark qualifications voters well congressmen fixed constitution unalterable legislature hamilton surely knew people control eligibility franchise see art cl majority omit context necessary understand one aspect historical evidence presented powell majority quotes powell observation eve constitutional convention english precedent stood proposition law land regulated qualifications members serve parliament qualifications occasional fixed quoting parliamentary history england see ante english rule seems marginal relevance rule america add qualifications representatives congress see supra congress surely important event powell claim english rule deemed parliamentary qualifications fixed country unwritten constitution beyond reach properly enacted law instead qualifications fixed rather occasional sense neither house parliament exclude general misconduct within standing qualifications powell english rule words simply sitting judge members qualifications house parliament administer laws defined qualifications see one house term limits thornton parliament create disability unknown law plucknett english constitutional history ed cf ins chadha history relevant powell dealt grounds one house congress exclude relevant case majority also argues event views members committee tel us little views convention whole ante task simply determine whether time framing language qualifications clauses commonly understood contain exclusivity provision surviving records suggest members committee detail understand final qualifications clauses exclusive majority offers reason think understanding language unusual time majority inaccurately reports james madison explanation clause federalist madison neither mentioned addressed consequences allowing differentiate qualifications state federal electors see ante instead addressed problems arisen constitution assigned control qualifications voters house elections state legislatures rather people state arrangement madison view rendered dependent state governments branch federal government dependent people alone federalist cf ante clause avoided problem various state constitutions controlled vote elections numerous branch term limits thornton state legislature state government alter requirements unless people state state constitution decided let see federalist though one obviously uphold action people arkansas without reaching issue madison comments read suggest clause bars people state delegating control voter qualifications state legislature clause refutes reading state constitution permits state legislature set voter qualifications eligibility franchise state therefore turns statutory rather constitutional law federal electors state still must meet qualifications electors numerous branch state legislature madison possibly disagreed understanding clause instead simply explaining came voter qualifications house elections framers followed model article cl vested ultimate control state legislatures regardless people state might provide state constitutions likewise constitution requires appoint presidential term limits thornton electors art ii cl provide congressional override refuse set impossibly high qualifications announce one meets even anything left majority argument point still bearing whether framers intended preclude people state supplementing constitutional qualifications framers fear people state destroy congressional elections entirely disenfranchising see federalist framers surely fear people destroy congressional elections entirely disqualifying term limits thornton candidates majority notes see ante philadelphia convention dropped without discussion portion original randolph resolutions calling members house representatives incapable space blank space expiration term service farrand provision minimum barred members house serving consecutive terms abandoned without objection convention voted require house members stand election every three years see see also opting terms instead subsequently indeed members convention appeared unaware rotation requirement ever proposed see remarks gouverneur morris majority properly cite omission nationwide rotation requirement evidence framers meant preclude individual adopting rotation requirements individual extend vote women adoption nineteenth amendment prohibit poll taxes adoption amendment lower voting age adoption amendment framers decision impose nationwide limit congressional terms bar adopting limits see const adopted reducing voting age nearly term limits thornton three decades amendment proposed harman forssenius noting time amendment proposed five retained poll tax voting requirement congressional research service constitution america analysis interpretation reporting adopted women suffrage time nineteenth amendment proposed cf ante see del const art thorpe md const form government art xxvii thorpe mass const pt ch iv thorpe const pt ii thorpe const art xxx thorpe const form government art xxxvii thorpe const frame government thorpe const art xxii thorpe const thorpe md const form government art xxvii thorpe const pt ii thorpe const art xxxvii thorpe const frame government thorpe md const form government art xxvii thorpe const pt ii thorpe const frame government thorpe see md const art xxvii thorpe const pt ii thorpe majority suggests overlooked madison observation subject reasonable limitations spelled house qualifications clause constitution left house door open merit every description see ante see also ante quoting similar passage federalist discussed however statements advance majority case see supra immediately preceding portion clause requires senators representatives mentioned also members several state legislatures executive judicial officers several take oath affirmation support constitution art vi cl despite majority emphasis framers supposed desire uniformity congressional elections even majority dispute framers wanted let decide whether use district elections selecting members house representatives framers fully expected member house chosen people whole state member directly accountable people single district see papers thomas jefferson boyd ed letter madison jefferson see georgia election law restricting representatives district resident three years standing district first federal elections maryland election law simple district residency requirement first federal elections massachusetts election resolutions first federal elections jensen becker eds north carolina election law requiring person elected district resident inhabitant division elected space term one year time election first federal elections virginia election law requiring candidate bona fide resident twelve months within district first federal elections upon admitted union tennessee also required members federal house representatives tennessee residents three years term limits thornton district residents one year election act apr ch laws state tennessee virginia legislature enacted bill james madison friends suggested might find harder win election district certain areas state believed madison popular vote one districts house representatives seat theory add constitutional qualifications see papers james madison rutland hobson eds letter carrington madison advisers however warned people virginia might share understanding constitution alexander white wrote letter madison gentlemen suppose may elected districts congress disregard act requires residence particular district undertake decide question know determination afford much ground clamour enable opposers government inflame minds people beyond anything yet happened records show maryland house delegates put term limits thornton district residency requirement separate vote approved margin first federal elections summarizing proceedings subsequent effort jettison requirement lost vote summarizing proceedings language maryland second election law confirms state legislature knew supplementing qualifications clauses act december stipulated candidate must resident district time election hav resided therein twelve calendar months immediately otherways qualified according constitution laws maryland ch xvi art viii georgia state house assembly called special attention district residency requirement shortly georgia held first federal elections house adopted resolution stress top district actual resident three years standing district person shall considered eligible shall commissioned first federal elections resolution even experience new york south carolina opted district elections without requiring district residency support majority position records south carolina sketchy new york affirmatively undermine majority suggestion qualifications clauses commonly understood exclusive topic first broached state assembly assemblymen defeated district residency proposal amid comments add qualification listed constitution unconstitutional first federal elections state senate took different view adding district residency requirement considered election bill assembly approved requirement vote reconsidered requirement following day apparently assemblymen attendance sophisticated debate constitutional question assemblymen arguing district residency requirement term limits thornton unconstitutional others responding constitution merely erected minimum qualifications assembly divided evenly requirement voted favor voted chairman broke tie vote requirement still clearly consensus new york assembly votes district residency requirement may well cast assemblymen simply opposed requirement policy grounds undue restriction people ability elect nonresidents wanted event new york senate obviously considered requirement constitutional evidence members pennsylvania legislature considered qualifications clauses exclusive see course also believed article calls members federal house representatives chosen people several forbade pennsylvania electing representatives districts see legislatures five adopted requirements pennsylvania example disagreed pennsylvania legislators majority correctly notes convention addition proposing list specific amendments constitution proposed declaration rights appended constitution declaration contained general exhortation members legislative executive branches fixed periods reduced private station return mass people vacancies supplied certain regular elections elliot declarations went state elections previous occupants office question eligible ineligible reelection rules constitution government laws shall direct accordingly hard describe either declaration proposed constitutional amendment supporting term limits members congress see ante new york state ratifying convention propose amending federal constitution provide hat person eligible senator six years term twelve years elliot majority finds significant suggestion fell deaf ears new yorkers amend state constitution impose restriction state legislature appointment authority seventeenth amendment adopted however federal constitution vested choice senators state legislatures rather people see art cl least without delegation authority legislature cf supra people new york may well thought amend state constitution narrow legislature choices senator amend state constitution take appointment senators entirely away legislature obviously follow doubted ability amend state constitution impose constraints choice representatives ratifying convention proposal thus sheds absolutely light whether new yorkers considered qualifications clauses exclusive property qualifications may simply seemed unnecessary instance surely far likely pauper secure one seats south carolina house representatives secure one south carolina five seats house representatives compare const art xiii thorpe art cl cf const art providing state house representatives thorpe may significant one state saw fit enact congressional property qualification also state largest congressional delegation see art cl allocating ten seats virginia addition people day expected representatives state federal house probably cases members state legislature federalist madison see also supra quoting article john stevens property requirements state legislators may little perceived need separate property qualification members congress even wanted create qualification considered within constitutional authority might deterred possibility federal house representatives take different view shown certainly general understanding qualifications clauses included unstated exclusivity provision people day consider one doubtful questions honest men may differ purest motives writings thomas jefferson letter joseph cabell see supra feared honest men house might throw results election qualifications law might well thought policy benefits laws outweighed risk temporarily deprived representation congress alternatively may simply wanted stay away difficult constitutional questions cf ashwander tva term limits thornton brandeis concurring thus despite concluding enjoy power prescribe qualifications thomas jefferson questioned whether advantages added qualifications sufficient justify enacting law whose constitutionality disputed see writings thomas jefferson though obliquely acknowledging fact majority thinks relevant subsequent commentators mistakenly accepted gloss put mccreery case two editors see ante citing treatises relies upon cases contested elections congress clarke hall eds surely need accept inaccurate view history merely appeared print majority also cites thomas jefferson hazy recollection mccreery case see ante without acknowledging jefferson conclusion free supplement qualifications clauses see supra going november elections eight adopted pure term limits one sort another see colo art xviii mich art ii mo art iii mont art iv ohio art ore art ii art iii utah code ann eight enacted ballot access provisions triggered incumbency multiple prior terms congress see ariz art vii ark amdt elec term limits thornton code ann west supp fla art vi cent code supp okla art ii rev code wyo stat supp elections six alaska idaho maine massachusetts nebraska nevada enacted measures bringing total number provisions see pear elections times measures enacted direct vote people even one inclined believe arkansas term limits thornton departed usual practice purported make binding determination disputed issue fact foreclosed examining basis determination sure direct review state judgment conduct searching review findings made state trial conduct respect federal district findings hernandez new york plurality opinion say review findings clear error standard ibid accord concurring judgment cf stevens dissenting identifying standard review arguing state decision reversed underlying factual findings erroneous certain areas indeed apparently gives quite little deference initial factfinder rather exercise independent judgment factual conclusions drawn record see bose consumers union stevens former representative william frenzel describes house recording studio sophisticated operation used prepare tapes speeches messages voters frenzel explains taxpayers pay facilities personnel run production costs costs distributing mail otherwise tapes members supply expense accounts messages widely disseminated broadcasters use fill air time cost app brief state washington amicus curiae page