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States are prohibited from altering the qualifications for U.S. Congress that are specifically enumerated in the Constitution
because
score: 4
This restriction would go against citizens fundamental right of having a representative democracy
sources:
5 to 4 ruling against term limits; Majority opinion written by Justice Stevens
because
score: 2
Arkansas's Amendment 73 would interfere with the relationship between U.S. citizens and their national government
sources:
Concurring opinion written by Justice Kennedy
because
score: 1
States cannot interfere with the powers of the federal government within it's proper sphere
sources:
McCulloch v. Maryland
0 branch
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because
score: 1
The people should elect representatives that they want to govern them
sources:
Powell v. McCormack (1969)
1 branch
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because
score: 3
The precedent set in Powell v. McCormack (1969)
because
score: 2
The Framers intended for the qualifications listed in the Constitution to be exclusive
because
score: 1
Not even Congress has the power to alter qualifications
0 branch
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because
score: 2
The Constitution lays out the requirements for being eligible for election in Congress
sources:
U.S. Constitution.
House: Article 1, Section 2.
Senate: Article 1, Section 3
because
score: 1
It also uses state boundaries to assign the amount of congressional delegates
however
score: -2
The Constitution does not explicitly prohibit states from setting qualifications for office
sources:
Dissenting opinion written by Justice Thomas
but
score: 2
Amendment 73 would be violating Article I of the Constitution
because
score: 1
It prohibits an eligible candidate from appearing for re-election on the ballot if that candidate has already served 3 terms in the House or 2 terms on Senate
however
score: 1
The Amendment does not prohibit the candidate from being written in
sources:
Dissenting opinion written by Justice Thomas, joined by Rehnquist, O'Connor, and Scalia
0 branch
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0 branch
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but
score: 1
The original powers of the state do not include the power to add qualifications, therefor this right is not reserved to the States under the 10th Amendment
1 branch
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2 branch
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