Term Limits For Congress: Exploring Constitutional Boundaries

The idea of legislative term limits is not new and predates the US Constitution. In recent years, there has been a growing movement advocating for term limits for members of Congress. While the US Constitution does not currently impose term limits on members of Congress, there have been several attempts to amend it to include such restrictions. The debate over term limits for Congress revolves around competing concepts of representation, policy expertise, and the potential influence of lobbyists.

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History of term limits in the US

The idea of legislative term limits predates the US Constitution, with the concept first appearing during the Articles of Confederation era. The Articles of Confederation, adopted in 1781, established term limits for delegates of the Continental Congress, mandating that "no person shall be capable of being a delegate for more than three years in any term of six years".

However, the federal constitution convention at Philadelphia omitted mandatory term limits from the US Constitution of 1789. Some delegates, such as Rufus King, argued against term limits, stating that those who had proven themselves fit for an office should not be excluded by the constitution from holding it.

The question of term limits for elected officials was raised again in 1947, two years after Franklin D. Roosevelt's death, when the House of Representatives proposed Joint Resolution 27, calling for a set limit of two terms, each containing four years, for all future presidents. This proposal was approved and sent to the states for ratification on March 21, becoming the Twenty-second Amendment in 1951.

In recent years, there has been renewed interest in the idea of term limits, particularly for members of Congress. In 2007, Larry J. Sabato argued in his book, *A More Perfect Constitution*, that the success and popularity of term limits at the state level suggest they should be adopted at the federal level. In a September 2023 Pew Research Center survey, 87% of respondents supported term limits for members of Congress.

Despite this widespread support, implementing congressional term limits poses significant constitutional challenges. The US Constitution is rarely changed, and any amendment would require approval by a two-thirds majority in both houses of Congress, followed by ratification from three-quarters of state legislatures. While an alternative path involves calling a constitutional convention initiated by two-thirds of state legislatures, this method has never been used due to concerns about potential unintended consequences.

Current term limits for Congress

There are currently no term limits for Congress in the United States. Members of the House of Representatives serve two-year terms and are considered for reelection every even year. Senators, on the other hand, serve six-year terms, with elections staggered so that only about a third of the Senate is up for reelection during any election.

The issue of term limits for Congress has been a topic of discussion and debate in American politics for many years. In the early 1990s, a movement in favour of term limits gained momentum, and during this period, seventeen states enacted term limits through state legislation or constitutional amendments. These laws pertained to both the state legislature and the state's delegation to Congress. However, in 1995, the Supreme Court ruled that state governments could not limit the terms of members of the national government, striking down these laws as unconstitutional.

Despite this, the idea of term limits for Congress has continued to garner support from the public. In 2002, an advocacy group called "U.S. Term Limits" found that in the seventeen states where state legislators served in rotation, public support for term limits ranged from 60 to 78 percent. More recently, in 2023, a survey showed that 87 percent of Americans supported implementing term limits for members of Congress.

Efforts to impose term limits on Congress have been made at the state level as well. For example, in 1992, California voters adopted Proposition 164, which established term limits for the state's senators and representatives in Congress. However, this proposition is not likely to go into effect as the Supreme Court has ruled that only the Constitution can change the qualifications of office for federal elective officials.

In February 2016, Florida lawmakers approved a measure calling upon Congress to assemble a Convention to prepare a constitutional amendment establishing term limits for its members. This proposal has not yet resulted in any changes to the term limits for Congress. The most recent bill on term limits, H.Res. 200, was introduced in March 2025 by Representative Ro Khanna and is currently under review by congressional committees. The bill proposes 12-year term limits for members of Congress as part of a broader government reform effort.

State-level term limits

Term limits for members of Congress are not specified in the U.S. Constitution. Members of the House of Representatives serve two-year terms and are considered for reelection every even year. Senators, on the other hand, serve six-year terms, with elections staggered so that only about a third of the Senate is up for reelection during any election. While the U.S. Constitution does not impose term limits on members of Congress, it is worth noting that the Twenty-Second Amendment, ratified in 1951, limits the President to two terms in office.

However, the topic of term limits for Congress has been a subject of debate, with some states expressing a desire for federal constitutional amendments. In 1992, a movement in favour of term limits gained momentum, and during this period, seventeen states enacted term limits through state legislation or state constitutional amendments. These laws pertained to both state legislatures and their delegations to Congress. However, the U.S. Supreme Court struck down these laws as unconstitutional in U.S. Term Limits, Inc. v. Thornton (1995), ruling that state governments cannot limit the terms of members of the national government.

Despite this setback, the push for term limits at the state level has continued, with 16 states currently having legislative term limits as of January 1, 2024. These states include Arizona, Arkansas, California, Colorado, Florida, Louisiana, Maine, Michigan, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, and South Dakota. The types of state-level term limits vary, with some states having consecutive term limits, lifetime term limits, or time-out periods of four years or longer.

In addition to state-level efforts, there have been attempts to pass federal legislation imposing term limits on Congress. For example, in 2016, Florida lawmakers approved House Memorial No. 417, calling for a constitutional amendment to establish term limits for members of Congress. While these efforts have not yet been successful, they reflect a continuing interest in limiting the number of terms served by members of Congress.

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Pros and cons of term limits

The US Constitution does not include term limits for members of Congress. However, there have been several attempts to impose such limits, with the most recent one being in 2024. While the majority of Americans support congressional term limits, there are valid arguments for and against this issue.

Pros of Term Limits

Proponents of congressional term limits argue that they would reduce the advantage of incumbents, who often have access to disproportionately high campaign funds, making it difficult for newcomers to win elections. Term limits would level the financial playing field, allowing candidates to compete on a more equal footing. Additionally, supporters suggest that term limits could decrease the influence of corporate funders in politics by deterring companies from investing heavily in lawmakers with short-term power.

Another argument in favour of term limits is that they would limit careerism in Congress and encourage members to return to their communities after serving their terms. This aligns with the Founding Fathers' vision of elected officials serving temporarily rather than making it a career. Proponents also believe that term limits would provide more opportunities for everyday Americans with recent connections to the job market, ensuring that Congress remains representative of its constituents.

Cons of Term Limits

Opponents of congressional term limits argue that they fail to address political corruption and may even worsen it. They claim that term limits will lead to an increase in "freshman" lawmakers with limited experience, causing them to rely more heavily on lobbyists and special interest groups to draft or recommend laws. Additionally, critics warn of the ""revolving door" phenomenon, where retired legislators become lobbyists or consultants, maintaining their political influence.

Another concern is the potential hindrance to economic growth. While the evidence is suggestive, states that have implemented term limits have experienced economic declines. Term limits may also lead to a loss of influence for legislators relative to staff, bureaucrats, and governors, resulting in less professionalism, innovation, and specialization.

In conclusion, while congressional term limits have their potential advantages, there are also significant considerations regarding their effectiveness in addressing corruption and their potential impact on economic stability and legislative expertise.

Process of amending the Constitution

The process of amending the US Constitution is a challenging and lengthy one. The authority to make amendments is derived from Article V of the Constitution, which outlines two methods for proposing amendments. Firstly, Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. This proposal is then forwarded directly to the National Archives and Records Administration (NARA) for processing and publication.

The second method, which has never been used, is for two-thirds of state legislatures to request that Congress call a Constitutional Convention to propose amendments. This option is seen by some as a way to counter the influence of interest groups and the focus of Congress members on re-election.

Once an amendment has been proposed, it must be ratified. Ratification can occur in one of two ways, as determined by Congress: through the legislatures of three-quarters of the states (38 out of 50 states) or by ratifying conventions in three-quarters of the states. The latter method has only been used once in US history, for the ratification of the 21st Amendment in 1933. The vote of each state carries equal weight, regardless of its population or time in the Union.

After the required number of authenticated ratification documents has been received by NARA, the Archivist of the United States certifies that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.

The process of amending the Constitution is deliberately difficult, as Chief Justice John Marshall wrote that the Constitution was written "to endure for ages to come". In total, there have been 27 amendments to the Constitution since it was drafted in 1787, including the first ten amendments, which were adopted four years later as the Bill of Rights.

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