Cook v. Gralike

Cook v. Gralike
Seal of the United States Supreme Court.svg
Supreme Court of the United States
Argued November 6, 2000
Decided February 28, 2001
Full case name Rebecca McDowell Cook v. Donald J. Gralike and Mike Harman
Citations 531 U.S. 510 (more)
121 S. Ct. 1029; 149 L. Ed. 2d 44; 2001 U.S. LEXIS 1953; 69 U.S.L.W. 4150; 2001 Cal. Daily Op. Service 1615; 2001 Daily Journal DAR 2089; 2001 Colo. J. C.A.R. 1068; 14 Fla. L. Weekly Fed. S 119
Court membership
Case opinions
Majority Stevens, joined by Scalia, Kennedy, Ginsburg, Breyer; Souter (parts I, II, IV); Thomas (parts I, IV)
Concurrence Kennedy
Concurrence Thomas
Concurrence Rehnquist, joined by O'Connor

Cook v. Gralike, 531 U.S. 510 (2001), was a United States Supreme Court case in which the Court held that an attempt by the state of Missouri to influence Congressional elections in favor of candidates that supported term limits was unconstitutional.[1]

Opinion of the Court

A state constitutional amendment adopted by Missouri voters would affix to ballots in primary general elections warnings to votes if the candidate did not support term limits. The Court held that the powers delegated to the states by the Elections Clause related only to the power over the procedural mechanisms of elections. Because this amendment sought to influence the outcome of elections, it exceeded state powers over national elections.[2]

↑Jump back a section

References

  1. ^ Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York: 2009, p. 103
  2. ^ Varat, p. 104
↑Jump back a section
Last modified on 26 May 2012, at 20:35