Term Limits

IV – Term limits as proposed in a 28th Amendment.

Term limits proposals are an attempt to limit the number of terms legislators could be elected. You could think of it as a farm system which allowed the cream to rise to the top. In the proposed 28th Amendment United States Senators would be allowed to serve no more than two six year terms and members of the House of Representatives could serve no more than three two year terms. It would be up to each state to decide upon term limits for their states. Many states already have term limits for their state executive. California is one state of fifteen that has implemented term limits on their legislature. The states with term limits for their legislatures are: Maine, Colorado, Arkansas, Michigan, Florida, Ohio, South Dakota, Montana, Arizona, Missouri, Oklahoma, Nebraska, Louisiana, and Nevada. As of January, 2024 Louisiana could be added making 16 states. Oregon voters passed Term Limits in 1992, but in 2001 the Oregon Supreme Court ruled it unconstitutional and threw it out. In Idaho the voters voted for Term Limits in 1994 and 1998. "In February 2002 the Idaho Legislature ignored the vote of the people and became the first state in the nation to repeal their term limits law." (termlimits.com)

Looking at the 2022 U. S. Senate, 37 of the  Senators would not be able to be serving. Twenty six Senators were in their first term and 37 were serving their second term. One senator is serving his eighth term and one is serving his seventh term. That is 46 and 40 years of serving in the Senate. Many of the 37 are in leadership positions. Term Limits would allow others to serve in those leadership positions removing Senators entrenched in those offices. The writers of the Constitution envisioned a citizen Congress. Times have brought change but term limits would help to bring our elected representatives closer to the people that elect them. Six years in the house and twelve in the Senate is 18 years of service if someone was elected to the maximum. It was not intended for them to become career legislators.

In the 2022 House of Representatives, there were 59 members who had served longer than twenty years. 119 of them have served more than twelve years. If this Term Limits proposal were to be passed 203 of them would be replaced. The question becomes, when they serve that long, are they serving the people or themselves. Representatives serving in their last or third term would not have to worry about being reelected and could then focus on matters with a different outlook. Currently 63 members are serving their first term with 77 in their second term and 50 are in their third term. The dynamics of Congress would change greatly if term limits were to be implemented.

Many would argue that we have term limits in place already. It is called the ballot box. When the people choose a non incumbent to represent them it is usually for a reason. If they choose to send the same person back to Washington, or the state capital, to represent them, what right does someone from another state or area have to tell them who they can vote for. Those pushing Term Limits are generally those who may not like a leader from another party and/or state who has seniority or has been serving a long time. The numbers show that a large percent of the members of Congress are serving their first or second terms in the House and the same is true in the Senate.

A look at state legislatures would find that turnover may be even greater than what we have for our national. At least one such study has found this to be true especially in those states who meet once a year for a few months. We want term limits on the other person’s elected official but, not our own, who we keep electing. Many people approach an election saying “throw the bums out” or “don’t vote for any incumbents.” The incumbents usually get re-elected. In a study of the effects of term limits involving governmental units in southeast Idaho, it was found that the average number of candidates for positions was 2. Open seats, population, and partisan vs. nonpartisan positions were factors in the number of candidates for elected positions. (Stucki, unpublished.)

A listing of arguments for and against term limits: possibly from (termlimits.com)

Arguments for term limits

1. Members of Congress have become too beholden to special interests (Babson)

2. They are too entrenched in their power, term limits would reduce the entrenchment problems in politics, and the domination of a chamber by powerful entrenched veteran legislators will end (Babson, Besley and Case, and Bowman and Kearny)

3. Limiting terms would encourage more ordinary citizens to run for office, a" citizen legislature" instead of " career professionals" (Babson and Congressional Term Limits)

4. Arrogant display in Senate, how much longer congress would have the mural authority to govern and symbols of legislative arrogance, such as Willie Brown of California (Babson, and Bowman and Kearney)

5. People need to be encouraged to come with an agenda that they intend to accomplish in a short period of time and focus all their energy on that agenda, fresh ideas to break legislative gridlock, and prevent formation of power relationships (Babson and Congressional Term Limits)

6. Shorter careers will translate into more accomplishments in legislation and enhance the responsiveness  of delegates (Babson and Bryant)

7. Reducing the accumulation of certain kinds of political capital (Besley and Case)

8. "Elected officials who remain in office too long become preoccupied with reelection and ignorer their duties as representatives of the people" (Bryant)

9. Even the playing field between incumbents and challengers, offset the inherent advantages of incumbents (Bryant and Congressional Term Limits)

10. Striking back at an institution voters perceive as self-serving and out of touch (Bowman and Kearney)

11. Woman and minorities may have increased opportunities for election with forced open seats (Bowman and Kearney)

12. The "culture of ruling) that is present in every state legislature and capital will be broken up (Saffell and Basehart)

13. Professional legislators cater to special interests and the interests of the voters they are elected to represent are forgotten (Saffell and Basehart)

14. Less influence from special interests (Saffell and Basehart)

15. Eliminating professionalism will make the system more responsive, citizen-lawmakers expressing man on the street views (Californian)

16. Politicians made remote by long terms in office (Californian)

17. Politicians better at looking out for their own interests rather than the publics (Californian)

18. Had lost the skill of lawmaking (Californian)

19. Had become demoralized by campaign money (Californian)

Arguments against term limits

1. Voters already have the option of limiting terms in the voting booth (Babson)

2. Congress would be deprived of an institutional memory, experienced legislators develop an expertise greater than career civil servants in the executive branch (Babson , and Saffell and Basehart)

3. Legislative effectiveness would be reduced (Babson)

4. Caps would strike at the very heart of the checks and balances of government (Babson)

5. The new members would turn to everyone else in Washington for assistance , their staff, the bureaucrats, the lobbyists, even the president, special interests will have even more influence, a boon to special interests and their lobbyists exploiting the inexperience of novice politicians (Babson, Californian, and Saffell and Basehart)

6. The effect of term limits is imperfectly understood by voters and others (Besly and Case)

7. Voters are robbed of their right to choose their representatives (Bowman and Kearny)

8. A subset of the population (legislators) are unfairly disqualified from seeking office (Bowman and Kearny)

9. Term limits are unnecessary (Bowman and Kearny)

10. People, not arbitrary limits should determine the length of service of their elected representatives (Saffell and Basehart)

11. In California term limits are expected to upset the balance of power between the powerful Governor and an inexperienced legislature (Californian)

Category: National and State