Laws and Court Cases

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U.S. Term Limits Inc. v. Thornton

The case U.S. Term Limits, Inc. v. Thornton (514 U.S. 779, 1995) began as a conflict over term limitations placed on those elected to the House of Representatives (three terms in office) and the U.S. Senate (two terms in office) from the state of Arkansas. It ended with the U.S. Supreme Court interpreting the role of the states in the federal structure created by the U.S. Constitution. The Court resolved the dispute by ruling that the qualifications for those elected to the U.S. Congress listed in the U.S. Constitution are exclusive. Thus, states may not impose additional qualifications upon candidates for the U.S. Congress either directly, or, as in the case of Arkansas, indirectly. Arkansas imposed term limitations through Amendment …

United States v. Burch

The court case of United States v. Burch centered upon Chris Burch’s opposition to Bill Barnes’s expansion of his private resort community, Mountain Harbor Resort, farther into the Ouachita National Forest in western Arkansas. Chris Burch had lived around the forest since 1977 and enjoyed its natural beauty. Bill Barnes’s father had leased lands from the U.S. Army Corps of Engineers in 1955, and Barnes was continuing his father’s work: to develop the land to meet the public’s needs as was dictated by the lease. Burch’s family, who owned and operated a small motel and general store, was friendly with—and even referred customers to—Barnes, who frequently returned the favor. Burch, however, was troubled when Barnes requested a new lease over …

United States v. Miller et al.

United States v. Miller et al. originated in the U.S. District Court, Western District of Arkansas, Fort Smith Division when a federal grand jury indicted two men for transporting a sawed-off shotgun from Oklahoma to Arkansas in violation of a federal firearm statute. The case eventually became the single instance in which the U.S. Supreme Court explicitly tackled the Second Amendment in the twentieth century, and it remains controversial to this day. The National Firearms Act (NFA), Public Law 73-474, effective July 26, 1934, was in reaction to widespread gun violence during the Prohibition era. The NFA required that certain weapons—principally machine guns, sawed-off shotguns and rifles, and silencers—be registered with the federal government and be heavily taxed. On April …

United States v. Waddell et al.

United States v. Waddell et al. is a U.S. Supreme Court case that arose from an 1883 incident of nightriding (sometimes called whitecapping) in Van Buren County, in which a group of armed white men attempted to drive off a black homesteader. The case centered upon the question of whether or not an individual, having settled upon a piece of property for purposes of obtaining a federal homestead, enjoyed the protection of the federal government in attempting to exercise his rights in the face of conspiracies to intimidate. On December 13, 1882, Burrell Lindsay, an African American, made a homestead entry for a tract of land in Bradley Township in southeastern Van Buren County. On the night of January 10, …