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Legislative Process Keyed to Mikva, 5th Ed.
Cook v. Gralike
Citation:
531 U.S. 510 (2001)Facts
In 1996, Missouri voters adopted an amendment to Article VIII of their state constitution designed to promote the adoption of a specific “Congressional Term Limits Amendment” to the U.S. Constitution. Article VIII required the Missouri Secretary of State to determine whether candidates for Congress supported the specific term limits amendment. If incumbent candidates failed to take certain legislative actions supporting the amendment, the label “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” would appear next to their names on ballots. For non-incumbent candidates who refused to pledge support for the amendment, the label “DECLINED TO PLEDGE TO SUPPORT TERM LIMITS” would appear. Don Gralike, a non-incumbent congressional candidate, challenged the constitutionality of these provisions, arguing they violated several provisions of the U.S. Constitution, including the Elections Clause, First Amendment, and Article V.
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