Simone Lawson
The US Constitution does not explicitly prohibit term limits on Congress members, but it also does not include any term limits for members of Congress. While the topic of term limits for Congress has been a subject of debate for many years, with several theories proposed as to why the founders excluded term limits from the Constitution, it has proven challenging to implement them. The Constitution can be amended through a lengthy process, and while there is significant public support for term limits, it has not yet resulted in a constitutional amendment.
| Characteristics | Values |
|---|---|
| Public opinion on term limits for Congress members | 87% of respondents supported term limits for Congress members in a September 2023 Pew Research Center survey |
| 83% of respondents favored a constitutional amendment to establish congressional term limits in a March 2023 study from the University of Maryland | |
| 83% of registered voters supported an amendment for congressional term limits in a March 2023 poll by the Program for Public Consultation (PPC) | |
| 87% of registered voters supported an amendment for congressional term limits in a September 2023 PPC poll | |
| Possibility of a constitutional amendment | The Constitution of the United States is rarely changed |
| Article V of the Constitution allows two means of amending the founding document: through two-thirds of both houses of Congress approving an amendment or a constitutional convention | |
| The proposal would then need to be ratified by three-fourths of the states or elected state conventions to become a law and an amendment to the Constitution | |
| Past attempts to impose term limits | In the 1990s, the Supreme Court ruled that states could not add qualifications for office for members of Congress in addition to those stated in the Constitution |
| In 1995, citizens of 23 states passed laws putting term limits on their members of Congress | |
| In 2023, Senator Ted Cruz sponsored a resolution limiting Senate terms to two |
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What You'll Learn
The US Constitution is rarely changed
The US Constitution does not prohibit term limits on Congress members. In fact, the Twenty-second Amendment to the Constitution, ratified in 1951, limits the number of times a person can be elected to the office of President of the United States to two terms. This was a reaction to Franklin D. Roosevelt's election to an unprecedented four terms as president.
There are several reasons why the US Constitution is rarely changed. Firstly, the Constitution itself provides two paths to amend it, both of which are challenging. The conventional path requires a two-thirds majority in the House and Senate to propose an amendment, with three-quarters of states ratifying it. Achieving such a high level of consensus across the nation is difficult.
Secondly, the US has never been defeated in a way that would force a new constitution upon the country. While the US has lost wars and battles, it has never been conquered or occupied to the extent that a constitutional reset would be necessary.
Thirdly, the balance of power between the federal government and individual state governments has shifted over time. The federal government has expanded its powers through Supreme Court decisions and now plays a dominant role, making it harder to reach agreement on constitutional changes.
Finally, the US political and legal system has evolved through judicial interpretation of existing laws rather than the addition of new ones. The Supreme Court, in particular, has played an increasingly active role in interpreting laws and ensuring that the executive and legislative branches adhere to the Constitution.
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The Founding Fathers expected officials to serve temporarily
The US Constitution does not explicitly prohibit term limits on Congress members. However, imposing term limits on Congress members would require a constitutional amendment. The Constitution is silent on the issue of state-imposed qualifications for Congressional candidates, but the Supreme Court has ruled that only a constitutional amendment can place term limits on members of Congress.
The Founding Fathers of the United States, or simply the Founding Fathers, were a group of late-18th-century American revolutionary leaders who played a pivotal role in the establishment of the United States of America. They united the Thirteen Colonies, steered the War of Independence from Great Britain, and crafted a framework of government for the fledgling nation. The Founding Fathers included those who drafted and signed the United States Declaration of Independence, the Articles of Confederation, and the Constitution of the United States. Many of them were wealthy slave owners, among the richest people in the Colonies.
The Founding Fathers envisioned a government where power was distributed and checked to prevent its concentration in the hands of a few or a single individual. They established a system of checks and balances to guard against tyranny, reflecting the colonists' desire to escape oppressive rule. The Constitution, signed on September 17, 1787, established the three branches of government and enshrined the rights of American citizens.
The Founding Fathers' intention for elected officials to serve temporarily can be inferred from their debates and the historical context. They debated the length of service for elected officials, with some proposing lifetime tenure while others favoured fixed terms. The absence of term limits in the Constitution may be attributed to the practice of voluntary rotation of office in state legislatures, the inability to agree on a uniform duration, and the belief that states should determine their Congress members' term limits.
The Founding Fathers' vision for a government by the wealthy, for the people, further supports the idea of temporary service. They expected the wealthy and educated to hold the vote, with the common people participating indirectly through local government and protests. Their goal was to strike a balance between political participation and guarding against populism and mob rule.
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Public support for congressional term limits
The US Constitution does not explicitly prohibit term limits on Congress members. However, the Supreme Court ruled in 1995 that only a constitutional amendment could place term limits on members of Congress.
The idea of congressional term limits has gained traction among the public, with five out of six Americans favoring a constitutional amendment to impose term limits on Congress members. A public consultation survey of 2700 registered voters conducted by the Program for Public Consultation (PPC) at the University of Maryland's School of Public Policy revealed that 83% of respondents supported term limits, with little variation among partisans. The survey also found that bipartisan support for term limits has remained consistent since 2017.
The University of Maryland survey also revealed that respondents were given the opportunity to specify the number of terms they preferred. Bipartisan majorities favored four terms for House members and two terms for Senators. Additionally, 17% suggested that House members should be limited to five or six terms, while 16% said Senators should be limited to three or four terms.
Support for congressional term limits stems from concerns about career politicians, greed, corruption, and the need to prevent entrenched power structures. Some proponents of term limits believe that congressional positions should not become lifetime appointments, and that former politicians should not become lobbyists. However, opponents of term limits argue that experience is essential for effective governance, and that having inexperienced legislators could lead to poor decision-making.
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The Supreme Court's ruling on state-imposed term limits
The Constitution of the United States is rarely changed, but there has been speculation about the next amendment, including limiting how long members of Congress can serve in office. In a September 2023 Pew Research Center survey, 87% of respondents supported term limits for members of Congress.
In the 1990s, a key Supreme Court decision shut down one proposed path to term limits on Congress: action taken by individual states to place their own qualifications on their members of the Senate and House. In U.S. Term Limits v. Thornton, a divided Supreme Court ruled that states could not add qualifications for office for members of Congress in addition to those explicitly stated in the Constitution.
Writing for a 5-4 majority, Justice John Paul Stevens said that "the Framers decided that the qualifications for service in the Congress of the United States be fixed in the Constitution and be uniform throughout the Nation." Justice Clarence Thomas, writing for the dissent, argued that "nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress." He further stated that "where the Constitution is silent, it raises no bar to action by the States or the people."
Since the Court's decision, it has been understood that only a constitutional amendment could place term limits on members of Congress. Article V of the Constitution provides two paths to amend the Constitution: the conventional path calls for two-thirds of the House and Senate to propose language to the states, with three-quarters of the states ratifying an amendment.
Defenders of unlimited terms point to the experience and independence gained from long service. With a large and complicated federal bureaucracy, members are most effective when they are most knowledgeable. They also claim that the idea of term limits is undemocratic, arguing that a constituency should be able to reward and punish its representatives as it sees fit.
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The two paths to amend the Constitution
The US Constitution does not explicitly prohibit term limits on Congress members. However, it is silent on the issue, and any changes to the qualifications of Congress members would require a constitutional amendment.
The Constitution's Article V outlines two paths to amend the Constitution:
Path 1: Proposal by Congress
The conventional path is for two-thirds of both the House and the Senate to propose an amendment, which is then ratified by three-quarters of the states. This process is challenging and time-consuming, requiring a significant majority in both chambers of Congress and the support of a large number of states.
Path 2: Constitutional Convention
The second path is for two-thirds of state legislatures to request a constitutional convention, which has never occurred. While this path has its backers, it is important to note that none of the 27 amendments to the Constitution have been proposed by a constitutional convention.
The Amendment Process
Regardless of the path chosen, the process of amending the Constitution is deliberately difficult. The framers intended for the Constitution to endure for ages, so they made amending it a challenging task. Any proposed amendment must have a significant impact on the nation or secure the rights of citizens.
Once an amendment is proposed, it must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who delegates many duties to the Director of the Federal Register. The certification of the amendment is a ceremonial function attended by dignitaries, and the completion of the process is officially announced to Congress and the nation.
Examples of Amendments
One example of a successful amendment is the Twenty-second Amendment, which limits the US president to two terms in office. This amendment was proposed by Congress in 1947 and ratified by the requisite number of states in 1951.
In contrast, efforts to amend the Constitution to include term limits for Congress members have faced challenges. While polls show strong public support for such limits, the amendment process is complex and has not been successful in this case.
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Frequently asked questions
No, but it also does not explicitly allow them. The Constitution is silent on the matter, and any changes to it are challenging to make.
The Constitution's Article V outlines two paths to amending the document. The first is through a proposal by two-thirds of both houses of Congress, and the second is through a convention called by two-thirds of state legislatures. After that, three-quarters of the states must ratify the amendment.
Yes, in the 1990s, 23 states passed laws to limit the terms of their members of Congress. However, in U.S. Term Limits v. Thornton (1995), the Supreme Court ruled that states could not add qualifications for members of Congress beyond what is stated in the Constitution.
Supporters of term limits argue that the Founding Fathers intended for elected officials to serve temporarily and return to their communities, not make politics a career. They believe that term limits would prevent corruption and ensure that representatives remain attentive to their constituents.
Opponents of term limits argue that they assume voters are incapable of deciding who they want to represent them. They believe that term limits do not guarantee wiser, more honest, or more energetic elected officials. Instead, term-limited representatives may feel unrestrained in their behavior since they will not face re-election.
