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Comment: "They the People": A Comment on U.S. Term Limits, Inc. v. Thornton

Abstract

This Comment contends that, populist pretensions notwithstanding, the only thing the Term Limits majority and other believers in strong nationalism fear more than the states is the People. In addition, it discusses the effect of the Term Limits decision on the likelihood that a term limits amendment to the Constitution will be proposed. It concludes by suggesting that the Court should decline to invalidate a state law under the U.S. Constitution whenever that law has certain characteristics, all of which were present in the Arkansas constitutional amendment at issue in Term Limits.

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38 Ariz. L. Rev.  859 (1996)

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Authors

Lynn A. Baker (University of Arizona and University of Texas)

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