Cook v. Gralike
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 who supported term limits was unconstitutional.[1]
| 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 | |
| |
| 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 |
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
- Varat, J.D. et al. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York: 2009, p. 103
- Varat, p. 104
External links
- Text of Cook v. Gralike, 531 U.S. 510 (2001) is available from: Justia Library of Congress Oyez (oral argument audio)
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