Simone Lawson
The US Constitution does limit presidential terms, as outlined in Amendment XXII, ratified in 1951, which states that no person shall be elected president more than twice. However, the question of congressional term limits is more complex. While the idea of legislative term limits predates the Constitution, and there have been numerous attempts to introduce term limits for Congress, none have passed into law. The US Constitution does not explicitly limit congressional terms or sessions, but amendments can be proposed through a challenging constitutional process.
| Characteristics | Values |
|---|---|
| Public support for congressional term limits | In a September 2023 Pew Research Center survey, 87% of respondents supported term limits for members of Congress. |
| Constitutional amendment process | Article V of the Constitution provides two paths to amend the Constitution: the conventional path, requiring two-thirds of the House and Senate to propose language, with three-quarters of states ratifying; and the unconventional path, requiring a constitutional convention of at least 34 states, with 38 states ratifying any proposed amendment. |
| Legislative history of congressional term limits | Legislative efforts to impose congressional term limits date back to 1789, when Representative Thomas Tucker proposed limits on Senate and House terms. Since then, there have been various proposals and debates, but none have passed into law. |
| State-level support for congressional term limits | State legislators in at least five states have approved resolutions calling on Congress to propose a federal constitutional amendment limiting congressional terms. |
| Presidential term limits | The Twenty-second Amendment to the Constitution, ratified in 1951, limits presidents to two four-year terms. |
| Vice-presidential term limits | There are no term limits for vice presidents, who may serve multiple presidents for unlimited four-year terms. |
| Supreme Court term limits | There is currently no mention of term limits for the Supreme Court. |
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What You'll Learn
- The US Constitution's Article V outlines two paths to amend the Constitution
- The idea of legislative term limits predates the Constitution
- The Twenty-second Amendment to the Constitution ratified in 1951 limits the president's terms
- The Continental Congress in 1789 proposed a limitation of tenure
- The Constitution does not limit congressional terms but sets rules for term limits
The US Constitution's Article V outlines two paths to amend the Constitution
The US Constitution does not explicitly limit congressional terms and sessions. However, there have been several attempts to introduce congressional term limits, and the idea has been a topic of debate since the time of the Articles of Confederation. The concept of legislative term limits is not new, and it has been discussed and proposed by various individuals and groups throughout history.
Article V of the US Constitution outlines two paths to amend the document:
The Conventional Path
The conventional path to amending the Constitution involves a proposal initiated by Congress. Specifically, two-thirds of both the House and the Senate must agree on the language of the proposed amendment and submit it to the states for ratification. This process requires a high level of consensus within Congress and has only been successfully achieved 27 times since 1787. The most recent amendment, the 27th Amendment, was ratified in 1992 and addressed congressional pay during its two-year term.
The Unconventional Path
The unconventional path to amending the Constitution involves the states taking a more active role. This process starts with at least 34 states calling for a constitutional convention to propose amendments. Once the convention is convened, any proposed amendments must be ratified by 38 states to become part of the Constitution. While this path has never been successfully navigated, it presents an alternative mechanism for amending the Constitution outside of the regular congressional process.
The idea of imposing term limits on members of Congress has gained traction among the public, with a high level of support across political affiliations. However, translating this support into a constitutional amendment is challenging. Efforts to pass a congressional term limits amendment have fallen short in the past, with proposals failing to secure the required two-thirds majority in Congress.
The unconventional path, involving a constitutional convention of states, has been advocated by groups such as U.S. Term Limits. They argue that Congress is unlikely to propose and adopt amendments that limit its power. While this path offers a potential alternative, it also faces significant challenges, including the need for a large number of states to agree on identical language and questions about the role of Congress in the process.
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The idea of legislative term limits predates the Constitution
The idea of legislative term limits is not a new concept, and it has been debated since before the US Constitution was established. In 1789, the Continental Congress appointed a committee to examine the forms of government for the impending union of the states. Thomas Jefferson, representing the state of Virginia, proposed a limitation of tenure to prevent any threats to American freedom that could arise from members of Congress remaining in office for extended periods. This proposal was incorporated into 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."
James Madison's Virginia Plan, introduced at the Constitutional Convention in Philadelphia in 1787, also supported the idea of legislative term limits. The plan called for legislators "to be incapable of reelection... after the expiration of their term of service, and to be subject to recall." Despite these early discussions, the federal constitution convention in Philadelphia ultimately omitted mandatory term limits from the US Constitution.
Political scientist John David Rausch Jr., in a 2009 research paper, explored the long history of the debate over legislative term limits. Rausch highlighted several theories about why the founders ultimately excluded term limits from the Constitution. One theory suggested that the practice of voluntary rotation of office in state legislatures was already in place. Another theory pointed to the inability of the delegates to agree on the length of service, and a third theory suggested that the states were empowered to determine the limits of service for their representatives.
The concept of legislative term limits has resurfaced periodically throughout US history. During the 1994 US elections, the Republican platform included legislation for term limits in Congress as part of their "Contract With America." While a constitutional amendment proposing term limits was brought to the House floor, it failed to gain the necessary two-thirds majority for approval. Despite this, the idea of congressional term limits continues to gain support, with a 2023 Pew Research Center survey showing that 87% of respondents favoured term limits for members of Congress.
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The Twenty-second Amendment to the Constitution ratified in 1951 limits the president's terms
The US Constitution does not impose term limits on members of Congress. However, there have been several attempts to amend the Constitution to include such limits. The most recent effort was in 1997, when the House of Representatives voted on a proposed amendment, but it failed to garner the required two-thirds majority.
In contrast, the Twenty-second Amendment to the Constitution, ratified on February 27, 1951, imposes term limits on the President of the United States. The amendment states that no person shall be elected to the office of the President more than twice, and no person who has served as President for more than two years of another President's term shall be elected to the office more than once. This amendment was a response to Franklin D. Roosevelt's unprecedented four terms as President, which raised concerns about unlimited presidential terms.
The idea of limiting the President's time in office dates back to the earliest days of the American republic. During the Constitutional Convention of 1787, delegates debated the issue, with some, like Alexander Hamilton and James Madison, supporting lifetime tenure for the President, while others favoured fixed terms. The proposal for lifetime tenure was criticised as a potential path to an "elective monarchy."
The Twenty-second Amendment was proposed by the House of Representatives in 1947, two years after Roosevelt's death, as Joint Resolution 27. It underwent revisions in the Senate before being approved and sent to the states for ratification on March 21, 1947. The ratification process took almost four years, and the amendment finally came into force on February 27, 1951, when 36 out of 48 states had ratified it.
Since its ratification, the Twenty-second Amendment has successfully prevented six twice-elected presidents from seeking a third term. These include Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama. The amendment has also been interpreted to apply to non-consecutive terms, as in the case of Donald Trump, who was elected for a second non-consecutive term but is barred from seeking a third term.
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The Continental Congress in 1789 proposed a limitation of tenure
The US Constitution does not explicitly limit congressional terms and sessions. However, it outlines procedures for amending the Constitution, which include proposing and ratifying amendments. While there is significant public support for congressional term limits, the process of amending the Constitution is challenging and rare.
The idea of limiting legislative terms is not new and predates the Constitution. The Continental Congress, which operated from 1774 to 1789, played a crucial role in the early years of the United States' independence and governance. In 1789, the Continental Congress appointed a committee of thirteen to examine forms of government for the impending union of the states. Among the proposals was Thomas Jefferson's suggestion from the state of Virginia, urging a limitation of tenure to protect American freedom by preventing members of the Continental Congress from serving indefinitely.
The committee's recommendations regarding congressional term limits were incorporated into the Articles of Confederation (1781-1789), which served as the United States' first constitution. The fifth article 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 aligned with the proposal presented by Thomas Jefferson and reflected a recognition of the potential dangers of unlimited tenure in office.
However, when the present-day US Constitution was adopted in 1789, it notably omitted mandatory term limits. This omission has been a subject of debate and discussion, with various theories proposed to explain it. One theory suggests that the voluntary rotation of office observed in state legislatures may have influenced the decision. Another theory points to disagreements over the length of service, as the states retained significant power in determining the limits for their representatives.
Despite the absence of congressional term limits in the Constitution, there have been ongoing efforts to address this issue. In 1994, as part of the "Contract With America" Republican platform, legislation for term limits in Congress was proposed. The House of Representatives voted on a constitutional amendment, but it failed to garner the required two-thirds majority. Similar attempts have been made since then, including proposals by Rep. Ralph Norman and Sen. Ted Cruz, yet none have successfully resulted in a constitutional amendment imposing term limits on Congress.
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The Constitution does not limit congressional terms but sets rules for term limits
The Constitution of the United States does not impose term limits on members of Congress. However, it does outline rules for term limits for other government positions, such as the President and Vice President.
The concept of legislative term limits is not a new one and predates the Constitution. In 1787, James Madison's Virginia Plan, introduced at the Constitutional Convention in Philadelphia, called for legislators to be subject to term limits and recall provisions. Despite this, the final version of the Constitution did not include mandatory term limits for Congress.
There have been several attempts over the years to amend the Constitution and impose term limits on Congress. In 1945, a Senate subcommittee debated S.J. Res. 21, which would have limited the president, vice president, and members of Congress to six years of service. More recently, in 1994, the Republican Party's "Contract with America" included congressional term limits as part of its proposed reforms. The House and Senate also introduced amendments to limit congressional terms, but these efforts fell short of the required two-thirds majority for a constitutional amendment.
While the Constitution does not impose term limits on members of Congress, it does provide a mechanism for amending the document through Article V. This process involves either a proposal by two-thirds of the House and Senate or a constitutional convention called by at least 34 states, with any amendments needing ratification by three-quarters of the states.
The question of congressional term limits remains a subject of debate, with organizations like U.S. Term Limits advocating for a constitutional amendment. Public opinion polls also show strong support for establishing term limits for members of Congress.
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Frequently asked questions
No, the US Constitution does not currently limit congressional terms and sessions.
No, but there have been legislative efforts to impose constitutional term limits in Congress dating back to 1789, when Congress first convened.
The Founding Fathers considered and rejected the idea of term limits for Congress. James Madison, the Father of the Constitution, argued that the longer they served, the more experienced, knowledgeable, and effective members of Congress would become.
Yes, the US Constitution can be amended to include congressional term limits. Article V of the Constitution provides two paths to amendment. The conventional path requires two-thirds of the House and Senate to propose language to the states, with three-quarters of the states ratifying the amendment. The unconventional path involves calling a constitutional convention of the states, which has never happened before. At least 34 states would need to call the convention, and 38 states would need to ratify the proposed amendment.
