Jonah Patel
The concept of term limits in Congress has been a topic of debate in the United States for decades. While the idea of legislative term limits predates the Constitution, the federal document, as ratified in 1787, omitted mandatory term limits for members of Congress. Since then, several amendments have been proposed, and public opinion polls show strong support for term limits. However, implementing such changes to the Constitution remains challenging due to the high bar set for amending this foundational document.
| Characteristics | Values |
|---|---|
| Public support for term limits in Congress | 83% of registered voters nationally, with 86% of Republicans, 80% of Democrats, and 84% of Independents |
| Number of terms supported by voters | Four terms for House Members (60% overall, 64% Republicans, 54% Democrats) and two terms for Senators (63% overall, 69% Republicans, 56% Democrats) |
| Arguments for term limits | Incumbents have too much security in their seats, reducing their need to be responsive to their constituents (87% convincing overall, 90% Republicans, 84% Democrats) |
| Arguments against term limits | Term limits reduce the amount of experience in Congress, and research shows they don't increase responsiveness (50% convincing overall, 45% Republicans, 58% Democrats) |
| Previous attempts to pass term limits in Congress | In 1994, a Republican congressman proposed an amendment to limit members of the Senate to two six-year terms and members of the House to six two-year terms, but it failed to get the required two-thirds majority |
| Term limits for the President | The Twenty-second Amendment to the Constitution, ratified in 1951, limits the President to two terms |
| Attempts to repeal term limits for the President | There have been several attempts to repeal the Twenty-second Amendment, including by President Ronald Reagan and President Bill Clinton |
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What You'll Learn
- The US Constitution rarely changes, but there is support for an amendment on congressional term limits
- The Articles of Confederation (1781) set term limits for the Continental Congress
- The US Constitution (1789) omitted term limits
- The Twenty-Second Amendment limits the US president to two terms
- The Supreme Court ruled in 1995 that states cannot limit terms of national government members
The US Constitution rarely changes, but there is support for an amendment on congressional term limits
The US Constitution is a rigid document, amended only 27 times since 1787. The most recent amendment was in 1992, barring Congress from changing its pay rate during its two-year term. However, there is growing support for a new amendment to impose term limits on Congress.
The idea of legislative term limits is not new. It predates the Constitution, with the Articles of Confederation stating that "no person shall be capable of being a delegate for more than three years in any term of six years." The Pennsylvania Constitution of 1776 also set maximum service in the Pennsylvania General Assembly at "four years in seven."
Despite this long history, the US Constitution notably omitted mandatory term limits. At the Constitutional Convention, some delegates passionately opposed term limits, arguing that experienced representatives make better policy decisions. Alexander Hamilton and James Madison even envisioned a president nominated by Congress to serve for life.
However, others warned of the dangers of tenured representatives, and the potential for them to become "masters of the public business." The debate continued, with 17 states enacting term limits through state legislation or constitutional amendments in the early 1990s. These laws pertained to both state legislatures and their delegations to Congress.
In 1995, the US Supreme Court struck down these laws as unconstitutional, ruling that state governments cannot limit the terms of members of the national government. Despite this setback, support for congressional term limits remains strong. A 2023 survey found that 83-87% of respondents favored a constitutional amendment to establish term limits, with bipartisan support ranging from 80-86%.
While converting this idea into a constitutional amendment faces significant challenges, the enduring support for term limits in Congress highlights a desire for change in how long members can serve in office.
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The Articles of Confederation (1781) set term limits for the Continental Congress
The Articles of Confederation, which came into effect on March 1, 1781, established term limits for the delegates of the Continental Congress. The Articles of Confederation served as the United States' first constitution and outlined a Congress with representation not based on population, with each state holding one vote.
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 provision was included to prevent the danger of members of the Continental Congress holding office for too long and threatening American freedom.
The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and submitted to the states for ratification. By February 1779, 12 states had ratified the Articles, and on February 2, 1781, the Maryland General Assembly voted to ratify, making it the final state to do so.
The Articles of Confederation remained in force until 1789 when the present-day Constitution of the United States went into effect. The Constitution did not include mandatory term limits for Congress, and the debate over term limits has continued since then. While some argue that term limits would better represent the electorate, others believe that experienced representatives make better policy decisions.
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The US Constitution (1789) omitted term limits
The US Constitution, which came into effect in 1789, does not include term limits for members of Congress. This omission stands in contrast to the Articles of Confederation, which 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."
There are several theories as to why the Founding Fathers excluded term limits from the Constitution. One theory suggests that the practice of voluntary rotation of office, already observed in state legislatures, rendered term limits unnecessary. Another theory posits that the delegates could not agree on the length of service, and thus chose to omit any mention of term limits altogether. Additionally, some believed that the states should be empowered to determine the limits of service for their members of Congress.
Despite the absence of congressional term limits in the Constitution, there have been numerous attempts throughout history to implement such restrictions. In the 1990s, for example, a movement in favour of term limits gained momentum, resulting in 17 states enacting term limits through state legislation or constitutional amendments. However, these laws pertaining to Congress were struck down as unconstitutional by the US Supreme Court in U.S. Term Limits, Inc. v. Thornton (1995). The Court ruled that state governments could not impose term limits on members of the national government.
The debate over term limits continues to be a divisive issue. Supporters of term limits argue that mandatory rotation of elected representatives in Congress would better represent the electorate and prevent the accumulation of too much power. On the other hand, opponents believe that experienced representatives are better equipped to make policy decisions and are less susceptible to the influence of lobbyists. While the idea of legislative term limits has gained significant popular support, with a majority of Americans expressing favour for such measures, the challenge of amending the Constitution remains a significant obstacle.
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The Twenty-Second Amendment limits the US president to two terms
The Twenty-Second Amendment, or Amendment XXII, to the United States Constitution limits the number of times a person can be elected to the office of President of the United States to two terms. It also sets out additional eligibility conditions for presidents who succeed their predecessors before their terms are completed.
The Twenty-Second Amendment was ratified on February 27, 1951, and was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president. Roosevelt was elected in 1932 in response to the Great Depression and was re-elected in 1940, amidst the looming threat of the United States being pulled into World War II. He was re-elected again in 1944 and served until his death in April 1945.
The issue of presidential term limits had long been debated in American politics, with delegates to the Constitutional Convention of 1787 considering the issue extensively. Many, including Alexander Hamilton and James Madison, supported lifetime tenure for presidents, while others favoured fixed terms. The Twenty-Second Amendment prohibits anyone who has been elected president twice from being elected again. It also states that someone who fills an unexpired presidential term lasting more than two years is prohibited from being elected president more than once.
Since the Twenty-Second Amendment's ratification, all subsequent presidents have served no longer than two elected terms. However, there have been several attempts by presidents and Congress members of various political affiliations to modify or repeal the amendment.
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The Supreme Court ruled in 1995 that states cannot limit terms of national government members
The concept of term limits in the United States has a long and complex history. The Articles of Confederation, adopted in 1781, established 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 convention in Philadelphia omitted mandatory term limits from the U.S. Constitution of 1789.
In the years following, the debate around term limits continued. The Pennsylvania Constitution of 1776, influenced by Benjamin Franklin, set a maximum service term for the Pennsylvania General Assembly. During the Civil War, the Constitution of the Confederate States limited its president to a single six-year term.
In the 20th century, the issue of term limits gained renewed attention. Franklin D. Roosevelt, the 32nd President of the United States, was elected to a third term in 1940 amid the looming threat of the United States' involvement in World War II. This sparked discussions around term limits, and in 1947, the House of Representatives proposed Joint Resolution 27, calling for a limit of two four-year terms for future presidents. This proposal was ratified in 1951 as the Twenty-second Amendment, establishing term limits for the presidency.
In the 1990s, there was a significant push for term limits, with 17 states enacting legislation or constitutional amendments to limit terms for their state legislatures and delegations to Congress. However, the Supreme Court played a crucial role in shaping the outcome of these efforts. In U.S. Term Limits, Inc. v. Thornton (1995), the Supreme Court ruled that state governments cannot limit the terms of members of the national government. Specifically, the Court found that states cannot add qualifications for office for members of Congress beyond what is explicitly stated in the Constitution. This decision reaffirmed the principle of federal supremacy and the uniform application of qualifications for members of Congress across the nation.
While the Supreme Court's ruling in 1995 struck down state-imposed term limits for members of Congress, the debate around congressional term limits continues. Surveys have shown high levels of public support for term limits for members of Congress, with many believing that mandatory rotation of elected representatives would better represent the electorate. However, others argue that experienced representatives make better policy decisions and reduce the influence of lobbyists.
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Frequently asked questions
No, the US Constitution does not currently support term limits in Congress. However, several amendments have been proposed to limit how long members of Congress can serve in office.
Supporters of term limits in Congress believe that the mandatory changing of elected representatives would better represent the electorate. They also argue that incumbents have too much security in their seats, reducing their need to be responsive to their constituents.
Opponents of term limits in Congress believe that experienced representatives make better policy decisions and reduce the influence of lobbyists over inexperienced officials. They also argue that term limits reduce the amount of experience in Congress without increasing responsiveness.
Yes, there have been several attempts to impose term limits in Congress. In the 1994 US elections, the Republican platform included legislation for term limits in Congress. A constitutional amendment was proposed in the House of Representatives that limited members of the Senate to two six-year terms and members of the House to six two-year terms. However, this amendment failed to garner sufficient support. Additionally, during the 1990s, 22 states took action to place their own qualifications on their members of the Senate and House, but these efforts were struck down by the US Supreme Court in U.S. Term Limits v. Thornton.
