Term Limits: A Necessary Constitutional Amendment?

should the constitution be amended to include congressional term limits

The idea of imposing term limits on members of Congress has gained significant traction in the United States, with many Americans advocating for a constitutional amendment to limit the number of terms that Senators and Representatives can serve. The debate over congressional term limits is not a new concept, but it has intensified in recent years, with various proposals and surveys indicating strong bipartisan support for implementing term limits. While the Constitution outlines a challenging path for amending its provisions, the high level of public support for congressional term limits may indicate that this issue will continue to be a significant topic of discussion in American politics.

Characteristics Values
Public support for congressional term limits 87% of respondents in a 2023 Pew Research Center survey; 83% of registered voters in a 2023 University of Maryland study (86% Republicans, 80% Democrats, 84% Independents); 80% in a 2017 PPC survey
Constitutional amendment process Article V of the Constitution provides two paths: 1) two-thirds of the House and Senate propose language to the states, with three-quarters of states ratifying; 2) a constitutional convention of the states is called, with 34 states needed to call it and 38 to ratify
Number of terms proposed Senators: 2 six-year terms; Representatives: 3 two-year terms; total congressional service: 12 years
States with term limits applications 19 states have passed applications for a limited government with congressional term limits; 12 states have passed exclusive term limits applications: WV, FL, MO, AL, WI, TN, LA, NC, OK, SD, IN, and SC
State-level term limits 22 states, including Arkansas, have changed their constitutions to block candidates from the ballot after a certain number of terms

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Public support for congressional term limits

Public opinion surveys have consistently shown strong support for congressional term limits. A March 2023 study from the University of Maryland found that 83% of respondents favoured a constitutional amendment to establish congressional term limits, with 86% of Republicans, 80% of Democrats, and 84% of Independents in agreement. Similarly, a September 2023 Pew Research Center survey reported that 87% of respondents supported term limits for members of Congress. This support spans political affiliations, indicating a shared belief in the potential benefits of new perspectives in Washington.

The idea of term limits gained prominence during the 1940s due to President Franklin D. Roosevelt's four terms in office, ultimately leading to the 22nd Amendment in 1951, which limited the president's time in office to two terms. The debate over congressional term limits reached its peak in the mid-1990s, with several states enacting voter-passed term limits. However, a 1995 Supreme Court decision ruled that states could not impose qualifications for congressional office, effectively shutting down one proposed path to term limits.

Despite the strong public support for congressional term limits, translating this into a constitutional amendment remains challenging. Since 1787, only 27 amendments have been added to the Constitution, with the most recent one, the 27th Amendment, becoming part of the Constitution in 1992. Amending the Constitution under Article V provides two paths: the conventional route, which requires a two-thirds majority in both houses of Congress and ratification from three-quarters of the states, and the unconventional route, which involves calling a constitutional convention initiated by two-thirds of the states, with 38 states needed for ratification. While the unconventional route could bypass congressional gridlock, it has never been used due to concerns about potential unintended consequences.

The support for congressional term limits reflects a desire to check entrenched power and promote a more responsive and diverse government. However, there are also valid concerns about the potential loss of valuable legislative experience and skilled policymakers who have built crucial relationships for bipartisan cooperation. Nonetheless, the overwhelming public support for congressional term limits remains a significant factor in the ongoing debate over potential amendments to the Constitution.

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The process of amending the constitution

The process of amending the US Constitution is outlined in Article V of the Constitution. The process is deliberately challenging, as the framers intended for the Constitution to be a lasting document. Since 1787, there have only been 27 amendments, with the most recent one being added in 1992.

Article V provides two paths to amend the Constitution. The conventional path involves a two-thirds majority vote in both the House and the Senate proposing an amendment, which is then ratified by three-quarters of the states. This process has been attempted for congressional term limits, but has not succeeded. In 1997, the House voted on such an amendment, but it fell short of the required two-thirds majority.

The second, unconventional path, which has never been used, involves a constitutional convention called for by two-thirds of the state legislatures (34 states). Any proposed amendment from this convention would then need to be ratified by 38 states. This path has been advocated by groups such as U.S. Term Limits, who want a convention specifically focused on congressional term limits. While there have been over 500 applications by states for an Article V Convention on various topics, none have resulted in a proposal convention.

Amending the Constitution: How and Why?

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Previous attempts to amend the constitution

The idea of imposing term limits on Congress is not new and has been attempted several times in the past. One notable attempt was in 1994, as part of the Republican Party's "Contract with America", which included congressional term limits as a critical reform. In 1997, the House of Representatives voted on a congressional term limits amendment, but it fell short of the required two-thirds majority. The Senate's proposal, which suggested six years in the House and 12 years in the Senate, also failed to come to a final vote.

Another notable attempt was the U.S. Term Limits v. Thornton case in 1995, where the Supreme Court ruled that states could not add qualifications for office for members of Congress beyond what was explicitly stated in the Constitution. This decision shut down one proposed path to term limits on Congress, which involved states imposing their own qualifications. By 1995, 22 states, including Arkansas, had taken similar measures to impose term limits on their Congressional representatives.

The debate over term limits for Congress gained momentum in the mid-1990s, partly due to concerns about the potential for executive overreach following Franklin D. Roosevelt's four terms as president. This led to the ratification of the 22nd Amendment in 1951, which limited the president's time in office to two terms.

More recently, in 2025, U.S. Senators Katie Britt, Ted Cruz, and ten of their Senate Republican colleagues reintroduced an amendment to impose term limits on members of Congress. The amendment proposed limiting senators to two six-year terms and members of the House of Representatives to three two-year terms. This effort was recognised by U.S. Term Limits, an organisation advocating for a constitutional convention to impose congressional term limits.

While the idea of congressional term limits has gained significant support, with polls showing over 80% approval, the challenge of amending the Constitution remains a significant hurdle. Since 1787, only 27 amendments have been added, and the process requires a two-thirds majority in Congress and ratification by three-quarters of the states.

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The impact on Congress and legislators

The idea of imposing term limits on Congress has been a topic of debate for decades. While the concept has strong public support, with surveys showing that 83-87% of Americans across party lines favour it, the road to amending the Constitution is a challenging one.

The impact of such a change on Congress and legislators would be significant. Legislators would have to adapt to a new reality where their time in office is limited, potentially leading to a higher turnover rate and a constant influx of new members. This could result in a loss of institutional knowledge and experience within Congress, as cited by opponents of term limits. On the other hand, proponents argue that term limits would increase the accountability of legislators and ensure they stay connected to their constituents, as they are intended to.

The impact on Congress as an institution could be far-reaching. The legislative process may become more dynamic with a higher turnover rate, potentially leading to increased responsiveness to the needs and preferences of the people. However, it may also lead to challenges in maintaining consistency in policy-making and long-term strategic planning. The power dynamics within Congress could also shift, as the influence of individual legislators and the importance of committee assignments may decrease with shorter terms.

Additionally, the process of amending the Constitution to include term limits would likely involve a complex political battle. While there are two paths to amending the Constitution under Article V, both require significant support from state legislatures and/or Congress itself. The process would likely involve intense negotiations and could shape the overall functioning of Congress in ways that go beyond just term limits.

In conclusion, while the impact of congressional term limits on legislators would undoubtedly be significant, the overall effect on Congress as an institution remains a subject of debate. The implementation of term limits could lead to increased accountability and responsiveness but may also result in a loss of institutional knowledge and potential challenges to long-term policy-making. The process of amending the Constitution to include term limits would be a complex political endeavour, shaping the future of American democracy and the relationship between legislators and their constituents.

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The impact on American politics

The idea of imposing term limits on members of Congress has been a topic of debate in American politics for decades. While the concept has gained significant public support, with a majority of Americans favouring a constitutional amendment, the path to implementing such a change is challenging.

The impact of amending the Constitution to include congressional term limits would be profound and far-reaching. Firstly, it would disrupt the longstanding tradition of allowing members of Congress to seek re-election indefinitely. This would likely result in a higher turnover rate of legislators, potentially leading to increased diversity in ideas and perspectives within Congress. On the other hand, it could also reduce the amount of institutional knowledge and experience within the legislative body, which some argue is necessary for effective governance.

Secondly, the implementation of term limits could have a significant impact on the political landscape by reducing the power of incumbency. Incumbents often have a significant advantage in elections due to their name recognition, established donor networks, and legislative accomplishments. Term limits would level the playing field, making it easier for challengers to compete and potentially resulting in higher turnover rates during elections. This could lead to a more responsive and accountable Congress, as legislators would have a stronger incentive to address the needs and concerns of their constituents to secure re-election.

Additionally, term limits could contribute to a shift in the career trajectories of politicians. Currently, many members of Congress remain in office for decades, making it a long-term career choice. With term limits in place, individuals would be required to pursue other career paths after their terms end, potentially leading to a more diverse and dynamic political landscape.

Furthermore, the process of amending the Constitution to include congressional term limits could have unintended consequences. The amendment process, outlined in Article V of the Constitution, has two paths: the conventional path requiring a two-thirds majority in both houses of Congress and ratification by three-quarters of the states, and the unconventional path involving a constitutional convention called by two-thirds of the state legislatures, with any proposed amendments ratified by three-quarters of the states. The latter path has never been used and raises questions about the procedures and potential for a "runaway" convention proposing numerous amendments.

In conclusion, amending the Constitution to include congressional term limits would have a significant impact on American politics. It would disrupt the status quo, reduce the power of incumbency, and potentially increase the responsiveness and accountability of legislators to their constituents. However, it could also lead to a loss of institutional knowledge and experience in Congress, and the amendment process itself could introduce complexities and uncertainties. The debate over congressional term limits reflects a desire for change and a more effective representative democracy in the United States.

Frequently asked questions

There are currently no congressional term limits in the US. However, in a September 2023 survey, 87% of respondents supported term limits for members of Congress.

There have been several proposals for congressional term limits, varying in length and specificity. Some proposals include limiting members to two six-year terms in the Senate and three two-year terms in the House of Representatives, while others suggest a total of twelve years of service in Congress, with no specification for each chamber.

The Constitution's Article V outlines two paths to amend it. The conventional method requires two-thirds of both the House and the Senate to propose an amendment, with three-quarters of the states ratifying it. An unconventional route involves convening a constitutional convention of states, which has never been done before. This would require at least 34 states to call the convention and 38 states to ratify the amendment.

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