Isabella Carter
The Constitution of the United States is rarely changed, but that hasn't stopped speculation about the next amendment. One idea that has gained popularity is an amendment to limit how long members of Congress can serve in office. While the Constitution does set a two-term limit for presidents, it does not impose term limits on members of Congress. This omission can be traced back to the drafting of the Constitution, where the inclusion of term limits was debated. Some argued for term limits to prevent members of Congress from becoming masters of the public business, while others believed that experienced representatives made better policy decisions. Over the years, various states have attempted to impose term limits on their members of Congress, but these efforts have been struck down by the Supreme Court as unconstitutional. Despite the challenges, the movement for congressional term limits persists, with high levels of public support.
| Characteristics | Values |
|---|---|
| Term limits in the Constitution | The Constitution sets a two-term limit for presidents. |
| The Twenty-Second Amendment, ratified in 1951, states that "no person shall be elected to the office of President more than twice." | |
| The Continental Congress, which drafted the Articles of Confederation, included term limits for its delegates, mandating that "no person shall be capable of being a delegate for more than three years in any term of six years." | |
| The federal constitution convention in Philadelphia omitted mandatory term limits for Congress from the U.S. Constitution of 1789. | |
| The Constitution of the Confederate States, adopted during the Civil War, limited its president to a single six-year term. | |
| The Pennsylvania Constitution of 1776 set a maximum service in the Pennsylvania General Assembly at "four years in seven." | |
| Support for term limits | In a 2023 Pew Research Center survey, 87% of respondents supported term limits for members of Congress. |
| A similar University of Maryland study from 2023 found that 83% of respondents favored a constitutional amendment to establish congressional term limits. | |
| In the early 1990s, a movement in favor of term limits gained momentum, with 17 states enacting them through state legislation or state constitutional amendments. | |
| In 1995, citizens of 23 states, with the assistance of USTL, passed laws putting term limits on their members of Congress. | |
| Opposition to term limits | Opponents of term limits argue that experienced representatives make better policy decisions and reduce the influence of lobbyists over inexperienced officials. |
| Some delegates at the federal constitution convention spoke against term limits, such as Rufus King, who said, "that he who has proved himself to be most fit for an Office, ought not to be excluded by the constitution from holding it." | |
| Alexander Hamilton and James Madison envisioned a president nominated by Congress to serve for life, although this raised concerns about an "elective monarchy." | |
| Amending the Constitution | The Constitution may be amended by a two-thirds vote of both houses of Congress, or by a convention called by Congress at the request of two-thirds of state legislatures. |
| Amendments must then be ratified by three-fourths of state legislatures or state conventions. |
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What You'll Learn
- The US Constitution is rarely changed
- The Articles of Confederation established term limits for the Continental Congress
- The US Constitution of 1789 omitted mandatory term limits
- The Twenty-Second Amendment limits the president to two terms
- The Supreme Court ruled states cannot limit terms of national government members
The US Constitution is rarely changed
The US Constitution, written in 1787 and ratified in 1788, is the world's longest-surviving written constitution. The Founding Fathers intended the document to be flexible to fit the changing needs and circumstances of the country. The first 10 amendments, now known as the "Bill of Rights", as well as the 27 amendments that followed, were all proposed by Congress through Article V. Since the Bill of Rights was adopted in 1791, Congress has passed just 23 additional amendments to the Constitution, and the states have ratified only 17 of them.
The US Constitution does not include term limits for Congress. The Articles of Confederation (1781-1789) included term limits for the 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 spoke against term limits, such as Rufus King, who argued that those who have proven themselves fit for an office should not be excluded by the constitution from holding it.
There have been movements to introduce term limits for Congress. In the early 1990s, a movement in favour of term limits gained momentum, with citizens of 23 states passing laws to limit the terms of their members of Congress. However, in 1995, the US Supreme Court ruled in U.S. Term Limits, Inc. v. Thornton that state governments cannot limit the terms of members of the national government. Despite this, the issue of congressional term limits continues to garner popular support.
The US Constitution does, however, include term limits for the President. The Twenty-Second Amendment, ratified in 1951, provides that "no person shall be elected to the office of President more than twice". This amendment was a response to Franklin D. Roosevelt's four terms as President, which raised concerns about the potential for excessive presidential power.
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The Articles of Confederation established term limits for the Continental Congress
The Articles of Confederation, which was in place from 1781 to 1789, established term limits for the delegates of the Continental Congress. Article V of the Articles of Confederation stated that "no person shall be capable of being a delegate [to the Continental Congress] for more than three years in any term of six years". This was in contrast to the U.S. Constitution of 1789, which omitted mandatory term limits.
The idea of legislative term limits predates the U.S. Constitution, and the Articles of Confederation included Franklin D. Roosevelt's earlier proposals on executive rotation. Pennsylvania's plural executive, for example, was composed of twelve citizens elected for three-year terms, followed by a mandatory four-year vacation. The Articles of Confederation also established term limits for the Continental Congress, with Article V mandating that "no person shall be capable of being a delegate for more than three years in any term of six years".
The U.S. Constitution, on the other hand, did not initially include term limits for members of Congress. The federal constitution convention in Philadelphia omitted mandatory term limits, and some delegates, such as Rufus King, spoke against them. The belief was that experienced representatives would make better policy decisions and reduce the influence of lobbyists over inexperienced officials.
However, the question of term limits for elected officials has been a topic of debate since the Constitution's ratification. The Twenty-second Amendment, ratified in 1951, established a two-term limit for the presidency, and there have been attempts to amend the Constitution to include term limits for members of Congress. In the early 1990s, a movement in favour of term limits gained momentum, with citizens of 23 states passing laws to limit the terms of their members of 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 the lack of term limits for members of Congress in the U.S. Constitution, the idea continues to garner popular support. In a 2023 Pew Research Center survey, 87% of respondents supported term limits for members of Congress. While amending the Constitution is challenging, it is possible through the procedures set forth in Article V, which allows for amendments to be proposed by Congress or by state legislatures.
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The US Constitution of 1789 omitted mandatory term limits
At the 1789 Federal Constitution Convention in Philadelphia, some delegates spoke out against term limits. One such delegate was Rufus King, who argued that those who had proven themselves fit for office should not be excluded by the Constitution from holding it. The US Constitution of 1789 thus omitted mandatory term limits.
The question of term limits for elected officials has been a topic of debate since the first discussions surrounding the ratification of the Constitution. Alexander Hamilton and James Madison, for instance, envisioned a president who would be nominated by Congress and would serve for life. This raised concerns that the United States would become an "elective monarchy".
The Twenty-Second Amendment to the US Constitution, ratified in 1951, now states that "no person shall be elected to the office of President more than twice". This amendment was a response to Franklin D. Roosevelt, who was the only president to be elected more than twice, serving four terms between 1933 and 1945.
While the Twenty-Second Amendment established term limits for the presidency, there are currently no term limits for members of Congress. In the early 1990s, a movement in favour of term limits emerged, with citizens of 23 states passing laws to limit the terms of their members of Congress. However, these laws were deemed unconstitutional by the US Supreme Court in 1995, which ruled that state governments cannot limit the terms of members of the national government.
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The Twenty-Second Amendment limits the president to two terms
The Twenty-Second Amendment, which was ratified on February 27, 1951, limits the president to two terms. The official text of the amendment states that "no person shall be elected to the office of the President more than twice". This amendment was a response to Franklin D. Roosevelt's unprecedented four terms as president, which sparked concerns about the accumulation of power in the executive branch.
The history of the Twenty-Second Amendment dates back to the early debates surrounding the Constitution's ratification. At the Constitutional Convention of 1787, delegates discussed the issue of presidential term limits, with some supporting lifetime tenure and others favoring fixed terms. An early draft of the Constitution restricted the president to a single seven-year term, but this was not included in the final document. Instead, the Framers approved four-year terms with no limit on the number of terms a person could serve.
The idea of limiting the president to two terms gained traction in the 19th century, with several presidents adhering to this unofficial tradition. However, it was Franklin D. Roosevelt's four terms as president during the 20th century that brought the issue of term limits to the forefront once again. Roosevelt's decision to run for a third term in 1940 and a fourth term in 1944, in the midst of World War II, sparked concerns about the potential for a president to accumulate too much power.
In response to Roosevelt's unprecedented four terms, Congress proposed Joint Resolution 27 in 1947, which called for a limit of two four-year terms for future presidents. After revisions by the Senate, the proposed amendment was sent to the states for ratification. On February 27, 1951, the amendment was ratified, formally establishing the two-term limit for the presidency.
While the Twenty-Second Amendment sets a clear limit on the number of terms a president can serve, it's important to note that there have been efforts to modify or repeal it. Additionally, the absence of term limits for Congress has also been a subject of debate, with some advocating for term limits through constitutional amendments.
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The Supreme Court ruled states cannot limit terms of national government members
The U.S. Constitution has been amended several times to include term limits for various government positions. The Articles of Confederation, which were in effect from 1781 to 1789, included term limits for delegates of the Continental Congress, stating 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 that replaced the Articles of Confederation in 1789 did not include mandatory term limits for Congress.
In the early 1990s, a movement in favour of term limits for Congress emerged, and by 1994, 17 states had enacted term limits through state legislation or state constitutional amendments. This movement culminated in the U.S. Term Limits v. Thornton case in 1995, where the Supreme Court ruled that state governments cannot limit the terms of members of the national government. The Court's decision was based on the principle that such a change to the constitutional framework must come through a constitutional amendment properly passed under the procedures set forth in Article V.
The Supreme Court's ruling in U.S. Term Limits v. Thornton highlighted the Court's role in interpreting and upholding the Constitution. As the highest court in the land, the Supreme Court serves as the final arbiter for those seeking justice. It also plays a crucial role in ensuring that each branch of the government recognises and abides by the limits of its power. The Court's power of judicial review allows it to strike down laws that violate the Constitution and protect the civil rights and liberties of the people.
While the Supreme Court has the authority to interpret the Constitution and strike down laws that conflict with it, there have been discussions and proposals to impose term limits on the Court itself. The current system allows justices to hold office for life, and there are no restrictions on how long they can serve. However, some scholars and organisations have proposed term limits for the Court, suggesting that long tenures can lead to a concentration of power and influence that may not reflect the changing political and legal landscape of the nation.
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Frequently asked questions
The US Constitution is rarely changed, and since 1787, only 27 amendments have been added. The idea of legislative term limits predates the Constitution, and the question of having term limits for elected officials goes back to the first debates surrounding its ratification. The founders recognized that the Constitution may have flaws and would need to adapt as the country grew. However, the delegates could not agree on the length of service, and the states were empowered to determine the limits of service for their members of Congress.
Yes, in the early 1990s, a movement in favor of term limits took hold, and between 1992 and 1994, 17 states enacted term limits through state legislation or state constitutional amendments. Many of these laws limited terms for both the state legislature and the state's delegation to Congress. However, in 1995, the US Supreme Court ruled in U.S. Term Limits, Inc. v. Thornton that state governments cannot limit the terms of members of the national government.
Yes, in a September 2023 Pew Research Center survey, 87% of respondents supported term limits for members of Congress. Similarly, in a March 2023 study from the University of Maryland, 83% of respondents favored a constitutional amendment to establish congressional term limits.
Yes, the Twenty-Second Amendment to the Constitution, ratified in 1951, sets a two-term limit for the US presidency. This amendment was passed after Franklin D. Roosevelt was elected to a third term in 1940 and a fourth term in 1944.
