Cook v. Gralike

Cook v. Gralike
Cook v. Gralike
	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
Holding
	A constitutional amendment in the state of Missouri that placed a warning label on ballots next to the names of any and all candidates who did not support legislative term limits for members is unconstitutional because it sought to influence the results of elections. The power that is granted by the Elections Clause to the Constitution of the United States to the states is only meant to apply to the procedural mechanisms of elections.
Court membership
	Chief Justice William Rehnquist Associate Justices John P. Stevens · Sandra Day O'Connor; Antonin Scalia · Anthony Kennedy; David Souter · Clarence Thomas; Ruth Bader Ginsburg · Stephen Breyer
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 who supported term limits was unconstitutional.^[1]

Opinion of the Court edit

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]

References edit

^ 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 edit

Text of Cook v. Gralike, 531 U.S. 510 (2001) is available from: Google Scholar Justia Library of Congress Oyez (oral argument audio)

[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

[1]

[2]

Cook v. Gralike

Contents

Opinion of the Court edit

See also edit

References edit

External links edit

Cook v. Gralike
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
Holding
A constitutional amendment in the state of Missouri that placed a warning label on ballots next to the names of any and all candidates who did not support legislative term limits for members is unconstitutional because it sought to influence the results of elections. The power that is granted by the Elections Clause to the Constitution of the United States to the states is only meant to apply to the procedural mechanisms of elections.
Court membership
Chief Justice William Rehnquist Associate Justices John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy David Souter · Clarence Thomas Ruth Bader Ginsburg · Stephen Breyer
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