Cook v. Gralike

Cook v. Gralike

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
Chief Justice
William Rehnquist
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

Missouri had adopted a state constitutional amendment with a change that, during primary general elections, warnings would be affixed to the voting ballots of candidates that 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]

See also

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

External links

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