U. S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 41 (1995)

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Cite as: 514 U. S. 779 (1995)

Opinion of the Court

been appointed to serve as Senator from California. See S. Rep. No. 1381, 88th Cong., 2d Sess., 5 ("It is well settled that the qualifications established by the U. S. Constitution for the office of U. S. Senator are exclusive, and a State cannot, by constitutional or statutory provisions, add to or enlarge upon those qualifications").

We recognize, as we did in Powell, that "congressional practice has been erratic" 29 and that the precedential value of congressional exclusion cases is "quite limited." Powell, 395 U. S., at 545-546. Nevertheless, those incidents lend support to the result we reach today.

Democratic Principles

Our conclusion that States lack the power to impose qualifications vindicates the same "fundamental principle of our representative democracy" that we recognized in Powell, namely, that "the people should choose whom they please to govern them." Id., at 547 (internal quotation marks omitted).

As we noted earlier, the Powell Court recognized that an egalitarian ideal—that election to the National Legislature should be open to all people of merit—provided a critical foundation for the constitutional structure. This egalitarian theme echoes throughout the constitutional debates. In The Federalist No. 57, for example, Madison wrote:

"Who are to be the objects of popular choice? Every citizen whose merit may recommend him to the esteem and confidence of his country. No qualification of wealth, of birth, of religious faith, or of civil profession is permitted to fetter the judgment or disappoint the inclination of the people." The Federalist No. 57, at 351.

Similarly, hoping to persuade voters in New York that the Constitution should be ratified, John Stevens, Jr., wrote:

29 See, e. g., Powell, 395 U. S., at 544-546 (noting examples).

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