Federal preclusion on state-imposed congressional term limits: United States Term Limits, Inc. v. Thornton

Article Abstract:

The US Supreme Court ruled in U.S. Term Limits, Inc. v. Thornton that Arkansas' term limits amendment for members of Congress was unconstitutional. More specifically, the ruling stated that imposing additional qualifications on federal legislators was not one of the powers reserved for the states by the Constitution's Tenth Amendment. The Court's analysis would have been more cogent had it used that amendment's proper default rule. This decision devalued federalism and would likely even survive a constitutional amendment on the subject of term limits.

Estoppel

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A jurisdictional vacuum in the wake of Camps Newfound/Owatonna?

Article Abstract:

The US Supreme Court in Camps Newfound/Owatonna v. Town of Harrison added to already existing confusion by striking down on dormant commerce clause grounds Maine legislation which imposed a real estate tax. Any regulations in this area will be tenuous because the Court, in the prior case of United States v. Lopez, left confusion as to whether even congressional regulations would be valid. The Court's authority to strike down the Maine statute in the first instance is tenuous.

Real property tax, Real property taxes

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Ninth Circuit ignores principles of federalism and the Rooker-Feldman doctrine

Article Abstract:

The US 9th Circuit Court of Appeals in Bates v. Jones upheld the validity of term limits for specified California state offices. The correct decision superficially supports principals of federalism and 10th Amendment state power which the court should have expressly protected. The court should have relied upon the Rooker-Feldman doctrine which would have denied it appellate review of the state court decision in the instant case.

California

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