When the Constitution of the United States was adopted in 1789, it was without direction
regarding term limits for legislators. At the time, professional politicians were
unheard of, and the idea of someone serving for more than one or two terms was unlikely.
So the Constitution did not formally address the issue of term limits, although it was
understood that officeholders would limit themselves to one or two terms and then return
to private life (1). With the advent of the modern state, however, came the making of
Congress as a career, and thus the voluntary removal of oneself from office, as
envisioned by the founders, is no longer regularly undertaken in the United States
Congress. The structure of the Congress supports members who have held office for
several terms thereby undermining the idea of the citizen-legislator put forth by the
founders. Instead of citizens who will soon return to the community that elected them,
professional Congress-people spend more time in Washington than in their home states, and
usually make Congress their career. What has developed in recent years, in response to
congressional careerism, is the drive to impose limits on the length of time someone may
serve in Congress. Currently, advocates of term limits are calling for two terms in the
Senate, and three in the House. It is possible, then, for a member to serve six years in
the House, twelve years in the Senate, eight years as Vice President, and eight years as
President, a total of thirty-six years. It is not unlikely, therefore, that there will
continue to be career politicians. The issue is not about total time that one may
participate in government, rather it is about how long one may serve in a particular
capacity. Term limits enjoy popular, but not political, support, thereby polarizing the
electorate and the elected. This paper will discuss the popular support for term limits,
the arguments on both sides, and draw conclusions about the need for Congressional term
limits in the United States
Support for term limits encompasses close to three-quarters of the American population
(2). The question is why. The simple answer is that the American people no longer trust
a system they view as corrupt and biased towards the few. But the issue is really not
this simple, nor is its basis of support. While on the surface it is corruption and bias
that feed the resolve for limits, underneath it is too complex an issue to describe so
succinctly. Rather the issue includes Congressional scandals, allegations of bribery and
sexual harassment, questionable campaign contributions, and Congressional perks such as
no-interest loans and free, reserved parking at the airport (3). "To many, it seem[s]
that one reason Congress ha[s] lost touch with ordinary people [is] because so many
members [are] in Congress too long." (4) According to Ed Crane of the Cato Institute,
"Americans want to open up the political process. They want their fellow citizens who
live and work in the real world -- the private sector -- to represent them. Not career
legislators... It would allow good people from across the political spectrum
to...participate in the political process as candidates, even if they happen to have
spent most of their life outside the limelight in the private sector like the rest of
us." (5)
Clearly voters support term limits for a variety of reasons, yet these reasons all share
a common feature: the desire for a more competitive electoral process, and the hope that
term limits will also limit corruption.
The strength of public support for term limits can be seen in the fact that several
states voted to limit the length of time their representatives can serve in Congress. By
the middle of 1995, almost half of the states had limited the number of terms for their
representatives. This success of the term limit movement at the grass roots level faced
a serious setback when the Supreme Court ruled in a 5-4 majority that such restrictions
were unconstitutional. They argued that "allowing individual States to craft their own
qualifications for Congress would thus erode the structure envisioned by the Framers, a
structure that was designed...to form a 'more perfect union'."(6) The citizens and the
state are at the mercy, therefore, of Congress in terms of implementing limits.
Congress must decide to amend the Constitution. Since members of Congress face a
conflict of interest on the issue of term limits, supporters of this initiative are going
to have to become more creative in their lobbying. An example of how states may be able
to get around this decision is the idea that state representatives be asked to sign a
statement regarding their support of term limits for Congress. Those representatives who
do not sign or agree to work towards term limits will have a notation beside their name
in the next election cycle that indicates their disregard for public opinion.
Term limits is a policy that has a base of endorsement in two important ways. First, it
already has the support of the American people, and second, it is an unofficial policy
that has its roots in the Articles of Confederation, if not the Constitution.
Unfortunately, however these arguments alone are not enough to compel career legislators
to adopt term limits. There are several other key arguments in favor of term limits that
may prove persuasive in the long run.
The power of incumbents in Congress is considered a reflection of the
professionalization of politics. It is all but impossible for challengers to win against
incumbents in the race for Congressional seats. The professionalization of politics has
"enhanced the electoral advantages of careerists" (7), or incumbents. Conversely, "every
enhancement of the power of incumbency exacerbates careerism"(8). So a cycle is created
wherein career politicians are more likely to get elected thereby encouraging politicians
to become careerists. "Given the power of incumbency, proponents of term limits argue
that election to Congress, in essence, equals life tenure." (9)
When the triumph of incumbency is coupled with the seniority system that assigns
positions of power based on length of service it creates an environment where voters are
afraid not to re-elect their representative in case their state loses power. Ironically,
the more senior a member becomes, the less representative of his electorate and the more
representative of special interests he becomes. One need only look at Senator Thurmon who
has been in office since before Pearl Harbor. He is 93 years old and is already the
oldest serving Senator ever. As Chair of the Senate Armed Services Committee, his
position is important to his home state of South Carolina - a state with a large defense
industry (10). He is consistently re-elected because of his senior status within the
Senate. It is all but impossible for a candidate to launch a serious campaign against
Thurmon, as no one is South Carolina wants to lose the power his Chairmanship brings.
Advocates argue that term limits will destroy the system of seniority and replace it with
a system of meritocracy (11). Since legislators will be serving a limited time, it is
more likely that they will adhere to the desires of their constituents since they will
soon be returning to live among them.
Opponents argue that limits already exist in the form of the electoral process. People
who do not feel their representative is doing an adequate job can simply vote for someone
else. Incumbents are as likely as any other candidate not to get elected. The argument
continues with the idea that term limits will mean a loss of experience on the part of
legislators.(12) Because one serves in Congress for a potentially unlimited time,
representatives are more likely to "know about the rules, routines, and procedures that
are essential to survival in Congress...[and] may also know a great deal about how to use
the federal bureaucracy to serve their constituents." (13) Incumbents, therefore, are
necessary for Congress to run smoothly.
The argument that representatives must be in place for a long time in order to fully
appreciate how to get things done is inherently flawed. The reason longer service in
Congress is necessary now is that there are no limits to terms. Therefore, Congress is
controlled by its most powerful (or longest standing) members. Term limits would remove
the possibility of a seniority system and the advantages of incumbency thus creating
conditions of equality between member of Congress.
The incumbency and seniority systems have created conditions whereby leadership positions
"are peopled exclusively by white males" (14). Women and minorities are underrepresented
not only in actual numbers in Congress, but also in terms of leadership. Term limits
would create more competitive elections and thus allow more women and minorities the
opportunity for election. The system as it currently exists discourages minorities from
entering a race because in a majority of seats the incumbent wins. Since the newcomers
are not given the financial support of an incumbent, candidates must either be
independently wealthy of stay out of the race (15).
Critics argue that there is considerable turnover at each election without the imposition
of term limits, and that talented people will not seek office unless their political
career possibilities are long-term (16). It is difficult to counter the idea that women
and minorities are underrepresented or that these groups would benefit from more
competitive elections. Rather, the focus is on the inevitability of professional
politicians and careerism as a logical by-product of the electoral system; a product
that should simply be accepted by the people with no attempt to change it. This
argument avoids the issues of minority representation and incumbency advantages and
attempts to divert attention away from the fact that minorities do not play an equal or
even proportional role in Congress.
Proponents of term limits argue for a return to citizen-legislators. "With the
professionalization of American politics, instead of public engagement, we end up with
public estrangement; instead of civic commitment, we foster civic abandonment; and
instead of political empowerment, we are left with political confinement." (17) A
citizen-legislator is someone who has a career in the private sector, spends a relatively
short time in the public eye and then returns home to live among his constituents again.
Since the senior members of Congress are most likely to be influenced by special
interests, and are removed from the people they represent, it can be argued that the
citizen-legislator will behave in the opposite manner. The short-term member will likely
pass fewer laws, and the laws he does support will be more reflective of his
constituents' desires (18).
Critics argue that term limits would cause legislators to ignore their constituents
during their final terms, and that limits would simple shift power from the incumbents to
the staff members and the lobbyists (19). This shift would take power from those elected
and give it a non-partisan bureaucracy. New members would be at the mercy of their
staff, and be crippled by their own inexperience.
It is highly unlikely that a member soon returning to live again in the community that
elected him would ignore what his constituents wanted, or become so far removed from them
that he was unaware of their needs. In terms of the power shift "any Capitol Hill
observer knows that it's the most senior members who are most dependent on staff and
lobbyists, not the hot-shot young freshmen." (20) Therefore, Representatives serving a
limited number of terms are not likely to rely on their staffs to the extent that
incumbents do currently, thereby eliminating the fear that permanent staff members will
really be running the country. Additionally, senior members currently seek to remain in
Washington when they are no longer in office by locating a position as a lobbyists or
bureaucrat. With term limits this is also unlikely to happen "because the turnover on
Capitol Hill will quickly make their contacts obsolete and their influence limited." (21)
It can be argued that the term limits initiative is a solution looking for a problem.
Yet, it can also be argued that term limits is an issue whose time is now. While term
limits may not solve all that is wrong with the American system, it certainly is a step
in the right direction. The system as is currently exists is rife with rank and
privilege. In Congress, all members are supposedly equal, yet it is quite obvious that
some are more equal than others.
Not only is the privlege of senior members a problem, but it also the perceived
corruption that goes along with it. As people see their legislators moving farther away
from them and closer to special interests it is easy to become disillusioned with the
system. Because representatives are constantly aware or the need for re-election they
will often support bills that specifically help their state and in doing so appease the
public enough to ensure their re-election bid. But is this truly governing? According
to Ehrenhalt,
"Politics is, then, more than in the past, a job for people who prefer it to any other
line of work. About these people one more important point should be made: They tend not
only to enjoy politics but to believe in government as an institution. The more somebody
is required to sacrifice time and money and private life to run for the city council, for
the state legislature, or for Congress, the more important it is for that person to
believe that government is a respectable enterprise with crucial work to do." (22)
With term limits, politics will not be about a career. Rather, it will be about a
genuine intent to foster change. Term limits will government a respectable and
approachable institution for all people.
What term limits may accomplish, then is a leveling of the playing field and the
invitation for all to come play. A representative government must reflect the people it
represents. This is not to say that the Congress must adopt a policy of affirmative
action in order to have equal representation of women and minorities, rather Congress
must adopt term limits in order to foster competition and creativity in its members and
its electoral process.
When somewhere near seventy-five percent of a population supports an initiative, it would
seem to be good government that would support it. But when that initiative infringes on
the length of time a member may serve in Congress it becomes a conflict of interest that
is unlikely to be passed. The very structure of Congress itself encourages members to
seek re-election for several terms by rewarding the most senior members with positions of
power and influence. This makes incumbent politicians very difficult to beat in an
election, and it ensures that the most powerful people in the nation will continue to be
white males. But white males do not reflect the cultural and ethnic make up of the
United States. Nor do they represent the many and varied interests of their
constituents. Term limits would make it very difficult for one cultural group to control
the government. By fostering competition and by creating a system where representatives
must soon become the represented again, term limits set up a more representative and
equitable governing body. In addition, with the removal of seniority one gets
meritocracy; with the citizen-legislator one becomes more aware of his constituents'
needs, as he is never far from returning to them; with competition the United States
Congress can be held up as a truly representative arm of government that includes women,
minorities, and white men in equally powerful positions. "Whose government is it anyway?
With term limits, it's [the people's]." (23)
Endnotes
1 Fund, John H. "Term Limitations: An Idea Whose Time Has Come" Policy Analysis No. 141
October 30, 1996
2 Editorial "Senate Tackles Term Limits" The Boston Herald April 23, 1996
3 Levine, Herbert M. Point-Counterpoint: Reading in American Government St.Martin's
Press, New York: 1995. 208
4 ibid, 208
5 Crane, Ed "Campaign Reforms vs. Term Limits" The Washington Times June 26, 1996
6 Bandow, Doug "The Political Revolution That Wasn't: Why Term Limits Are Needed Now
More Than Ever" Policy Analysis No. 259 September 5, 1996
7 ibid
8 Levine, 209
9 O'Connor, Karen and Larry J. Sabato American Government: Roots and Reform Allyn and
Bacon, Massachusetts. 1996. 198
10 "Thurmon-ator Looks Good to Break Senate Records" Time November 2, 1996
11 Petracca, Mark "The Poison of Professional Politics" Policy Analysis No. 151 May 10,
1991
12 Bandow
13 Petracca
14 Ferry, Jonathan "Women Minorities and Term Limits: America's Path to a Representative
Congress" U.S. Term Limits Foundation Outlook Series Vol 3, No 2. July, 1994
15 ibid
16 Levine, 210
17 Petracca
18 Fund
19 ibid
20 ibid
21 ibid
22 Ehrenhalt, Alan The United States of Ambition: Politicians, Power, and the Pursuit of
Office Random House, New York. 1991: 20
23 Jacob, Paul "Whose Government is it Anyway?" this article will appear in the Journal
of the West Los Angeles School of Law.
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