GwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwDGwD T h e G R E E N Y w o r l d D o m i n a t i o n T a s k F o r c e , I n c o r p o r a t e d Presents: __ __ 888888888 77777777777 _____ ____ _| |__| |_ 888 888 777 // | \ |_ __ _| 888 888 777 || ____ | || | | | | | 888888888 777 || || \ / | || | _| |__| |_ 888 888 777 \\___// \/\/ |____/ |_ __ _| 888 888 777 |__| |__| 888 888 777 888888888 777 "Send 'Em Packing: Reasoning for Congressional Term Limits" by Otis ----- GwD: The American Dream with a Twist -- of Lime ***** Issue #87 ----- ----- release date: 01-03-01 ***** ISSN 1523-1585 ----- The Founders of our nation wrote a brilliant Constitution establishing a federal government and separating powers between it and the governments of the states. The Constitution was intended to be and is a living document, addressing most issues in terms general enough to be relevant to any time, regardless of world events or politics of that time. However in the America of today, there are some situations in which the best interests of the citizens of the United States are not met by what is explicitly stated in the text of the Constitution. Among these situations are the conflict between the President and Congress over control of the armed forces, the inefficiency of the Electoral College in the modern world, and the lack of term limits for members of Congress. Of these conflicts, the lack of term limits for members of Congress seems to be the most important to many Americans. This conflict also seems to be one of the easiest of these conflicts to resolve, yet a proposed resolution (a two term maximum for Senators and a three term maximum for Representatives) was struck down by the Representatives and Senators who would have lost their jobs if it had passed. A constitutional amendment establishing term limits for members of Congress should be presented to limit the terms of their elected representatives, as it is in the best interest of the American people. Americans have long valued their voice in government; it is not everywhere that one can vote for whoever one wishes. However, much of the time, the choices are few or there is only one candidate on the ballot. The unopposed candidate is usually an incumbent. This even happens in congressional elections. Incumbent members of Congress are "aided by...electoral advantages...over challengers" (Dye 339). Incumbents enjoy more financial support from their parties, as well as more contributions from PACs and individuals. In some races, the incumbent is opposed by a candidate with views that do not appeal to a majority (or even a relatively moderate minority) of American voters. The result of these easy wins for incumbents is that in future races, other viable candidates often do not come forward due to the virtual impossibility of winning the race. Even if a viable candidate chooses to oppose the incumbent, he or she often loses (despite either candidate's policy positions) due to the name recognition of the incumbent. Term limits for members of Congress would create "'open-seat' races on a regular basis" and "encourage more people to seek public office" (Dye 342). If more people were to become involved in government, public policy would better reflect the views of the masses, as government would truly be representative of them. Since the United States government is based on popular representation of the people, it seems that term limits for members of Congress would help this great nation to live up to its foundations of public support for the actions of government. Imposing term limits on members of Congress is a popular proposal in the eyes of many Americans. Term limits are seen as a way for Representatives and Senators to be better connected to the people they represent. The vast majority of American registered voters support term limits, according to a Tarrance Group Poll. Of those polled, 77% favor term limits while only 17% oppose them ("ABIC - Demographic"). These numbers clearly show that a strong majority of Americans, at least American registered voters, support term limits for members of Congress. Such widespread support for term limits cannot be ignored forever by Congressmen. Also, "term limits have won by landslide margins almost everywhere they have appeared on referenda ballots." These referenda have little relevance to official policy, though. The Supreme Court ruled in 1995 that the states do not have the right to limit the terms of elected federal officials, as term limitations do not fall under the powers reserved to the states by the Tenth Amendment to the Constitution (Dye 343). However, many states have imposed strict term limits on statewide offices. This should be a message to U.S. Representatives and Senators that the American people are not going to tolerate rule by a relative few individuals for much longer. Term limits for Congress are supported by a large enough percentage of the people that eventually Congressmen will have to listen if they want to keep their seats long enough to have to worry about a limit on the number of terms they can serve. Though they are supported by most of their constituents, most members of Congress (as well as many other people) argue against the proposed term limits. Congressmen and other supporters of term limits state that "voters may reasonably want to be represented by members of Congress with knowledge and experience in public affairs" (Dye 342). This does seem to be the case, as an experienced legislator is more likely to spend less time adjusting to Congress and more time worrying about how policies and laws affect his or her constituents. However, even with term limits, experienced people could be elected. Former Representatives could become Senators (the opposite could happen as well, though it is less likely). Though the decisions made and the decision making process itself are slightly different from those of the U.S. Congress (or very different, depending on the state), State Legislators could seek election to national office (as many do now). Experienced people would still be elected to Congress. Those who do not support term limits also argue that "term limits would weaken the institution of Congress" as "inexperienced legislators would be forced to rely more on...bureaucrats, lobbyists, and staff" (Dye 342-3). This argument is flawed because it seems that people who have been in Congress longer would rely more on lobbyists and bureaucrats due to paybacks (financial or otherwise) for favors in the past. New members of Congress would rely on more experienced members of Congress (those who had not yet served their limit of terms), their own insight and intuition, and (hopefully) the views of their constituents to determine which policy proposals to support. Lobbyists would play a much smaller role in the policy-making process than they do now because Congressmen would not have to worry about having the long-term support of lobbyists. Members of Congress cannot be blamed for their lack of desire to limit their own terms: who would voluntarily limit the amount of time they can work in a specific position? Congress has done stranger things, though. For instance, Congress passed a law that governs pay increases for its members: pay increases do not go into effect until the next congressional session. Congressmen sometimes vote for laws that are not beneficial towards them. A majority of Representatives and Senators still oppose term limits, but a few do not. Despite the large number of Representatives and Senators opposed to term limits, at least one member of Congress vocally supports them. Senator John Ashcroft of Missouri has an "Online Petition Supporting Term Limits" on his web site. The Senator states that "term limits, at their core, are about increased participation in government..." (Smotkin). Fourteen U.S. Senators, as well as over 7,000 citizens signed Senator Ashcroft's petition before the Senate vote on congressional term limits held on April 23, 1996. Though the proposed term limits did not pass in the Senate, Senator Ashcroft and other term limit supporters could become a minority to be reckoned with in the Senate. Their numbers will grow as the American public continues to urge their elected representatives to support term limits. If members of Congress do not vote to reflect the views of their constituents, they will face the possibility of being limited to fewer terms than the maximum proposed limit. Senators like John Ashcroft seem to have realized that the Founders of the United States did not intend for congressional seats to be held by individuals for life. Congressional term limits, though inconsistent with the original text of the Constitution, would force Congress to be structured more like the Founders intended. Members of Congress (originally only members of the House of Representatives, until the adoption of the Twenty-second Amendment, which provided for direct popular election of U.S. Senators) were meant to be ordinary people who were elected to represent others like themselves. Roger Sherman, a delegate to the Constitutional Convention of 1787, stated: "Congress should be 'composed of 'citizen legislators' who would be expected to 'return home and mix with the people'" (Dye 342). Though Sherman's sentiment was excluded from the text of the Constitution, it seems only logical that the Framers wished to vest power in individuals for only a short period of time. They had just been through a war for independence from a nation with a ruler-for-life. The Framers not only wished to spread responsibility between the three branches of government to avoid centralization of power in one person; they intended for Congress (the branch most directly representative of the people) to be the dominant entity in national politics. It follows that they wished for this entity to renew itself on a regular basis to reflect the changing views of the populace. Thomas Jefferson stated that "The second feature I dislike [about the new U.S. Constitution] and greatly dislike, is the abandonment in every instance of the necessity of rotation in office..." on December 20, 1787 ("Americans Back In Charge Foundation"). Despite the misgivings of Jefferson and Sherman, all term limits were left out of the Constitution and it was not until this century that a term limit was enacted on the national level: the President was limited to serving two terms. The Framers did not plan a provision directly related to "professional" representatives of the people because they did not foresee the problem; people were not supposed to make careers as representatives. Longevity in office removes representatives from the people they represent. Some believe that this "system...has resulted, under modern conditions, in our being ruled year in and year out by a class of professional politicians. That situation is neither healthy nor right in a limited, constitutional democracy" (Pilon). The lack of term limits has led to inefficiency in government, as members of Congress often seem to spend more time campaigning for reelection than hearing the views of their constituents. The Constitution was intended to be a living document, which it is in many respects. Fortunately, the Founders included provisions for changing the Constitution in the event of unexpected situations, such as the current term limit problem. Unfortunately, a constitutional amendment would be required to impose congressional term limits. Article V provides for two processes to amend the Constitution, both of which must be initiated by Congress (Dye 86). The Amendment process worked to limit the number of terms that a chief executive can serve; it could also work to limit the number of terms that members of Congress can serve, but it is less likely to be initiated. The President of the United States is limited to two terms in office by the Twenty-second Amendment. This limitation is largely related to the desire to keep a single person from wielding power for too long, a concept going back to the intent of the Framers of the Constitution who had gained independence from just such a ruler. Franklin Delano Roosevelt's unprecedented election to four terms as President prompted this Amendment (Dye 244). Congress and the American people realized the problems that could arise from allowing one man to hold such a powerful office for more than a limited time. A similar amendment to the Constitution is necessary to prevent members of Congress from wielding power for too long. Representatives and Senators who are away from their constituents for a long period of time, often seem to vote for what they believe to be the views of their constituents rather than voting for the actual views of their electorate. This is the essence of the cliche: "power corrupts, absolute power corrupts absolutely." Congress and the American people realized the possibility of such a corruption in the President in 1951, so they proposed and ratified the Twenty- second Amendment. The American people have realized that this corruption can also occur in members of Congress, but they are still far from convincing Congress of the need for such an amendment. The number of terms that a member of Congress can serve should be limited by a constitutional amendment. The majority of the American people, as well as some Representatives and Senators, support such an amendment. Members of the House of Representatives should be limited to three terms, a total of six years. Senators should be limited to two terms, a total of twelve years. This is consistent with the intent of the Framers that members of the upper house represent the people for longer than members of the lower house. These time periods are long enough for to adequately represent the people of one's district. Limits such as these would allow members of Congress to focus on policy decisions the entire time they are in office, rather than shifting their focus to campaigning every few years. Term limits for Representatives and Senators would not allow the current trend of career legislators to continue. Senators like Strom Thurmond and Jesse Helms, who have been in the Senate for so long that they seem to have lost touch with their constituents on many issues, would have to return home and live under the laws that they have made. Representatives like Larry Combest would not have to worry about being denied the chairmanship of a committee on which he is a senior member. Senior committee members would not exist as they do now since the most senior Representatives would have served only two terms and the most senior Senators would have served only one. Term limits would drastically restructure Congress in this fashion, transforming it into the institution envisioned by Thomas Jefferson and the other Framers of the Constitution. Limiting the number of terms that Representatives and Senators can serve would not only be more true to the original intent of the nation's Founding Fathers, it would alter the structure of government of the United States today in a positive and beneficial manner. Works Cited "ABIC - Demographic Breakdown of American Support for TL" http://www.abic.org/abic/demograph.html.cgi. "Americans Back In Charge Foundation." http://www.abic.org/. Dye, Thomas R., L. Tucker Gibson, Jr., and Clay Robinson. _Politics in America_. Second edition. Upper Saddle River: Prentice Hall, 1997. Pilon, Roger. "Who's Afraid of a Constitutional Amendment on Term Limits?" _The Wall Street Journal_. 16 October 1996. http://www.termlimits.org/afraid.htm. Smotkin, Rick. "Online Petition Supporting Term Limits." http://www.senate.gov/~ashcroft/termlimits/. (27 November 1997) ----------------------------------------------------------- GwDweb: http://www.GREENY.org/ GwD Publications: http://gwd.mit.edu/ ftp://ftp.GREENY.org/gwd/ GwD BBSes: C.H.A.O.S. - http://chaos.GREENY.org/ Snake's Den - http://www.snakeden.org/ E-Mail: gwd@GREENY.org * GwD, Inc. - P.O. Box 16038 - Lubbock, Texas 79490 * -------------------------------------------------------------------------------- "The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no God. 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