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View Diary: Daily Kos Elections Morning Digest: Polls show no sign of a late surge for Gabriel Gomez (41 comments)

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  •  Actually in this case the consitution reigns . . . (4+ / 0-)
    Recommended by:
    Loge, Adam B, SueDe, Eric Nelson

    So aside from the 22nd ammendment(Presidential Terms), state laws cannot govern Federal term limits

    In U.S. Term Limits, Inc. v. Thornton decided in a 5(Stevens, joined by Kennedy, Souter, Ginsburg, Breyer) -4(Thomas, joined by Rehnquist, O'Connor, Scalia) vote:

    From the judgement:

    Finally, state-imposed restrictions, unlike the congressionally imposed restrictions at issue in Powell, violate a third idea central to this basic principle: that the right to choose representatives belongs not to the States, but to the people. ... Following the adoption of the 17th Amendment in 1913, this ideal was extended to elections for the Senate. The Congress of the United States, therefore, is not a confederation of nations in which separate sovereigns are represented by appointed delegates, but is instead a body composed of representatives of the people.

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