Term Limits For Legislators Essay Example
Term Limits For Legislators Essay Example

Term Limits For Legislators Essay Example

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  • Pages: 9 (2233 words)
  • Published: February 12, 2019
  • Type: Research Paper
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Upon the ratification of the United States Constitution in 1789, term limits for legislators were not specified. The concept of career politicians was unfamiliar at that time and it seemed improbable for individuals to serve multiple terms. Consequently, the Constitution did not explicitly tackle term limits, but there was an implicit understanding that officials would willingly restrict themselves to one or two terms before returning to their personal lives (1).

The advent of the modern state has led to Congress becoming a career that contradicts the founders' original intention of voluntary removal from office. This shift undermines the concept proposed by the founders of citizen-legislators, as members of Congress now frequently serve multiple terms and spend more time in Washington than in their home states. To address this issue, there has been a recent movement for term limits in Congress. Advoc

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ates currently propose two terms in the Senate and three terms in the House, allowing a total of thirty-six years including possible presidential and vice-presidential terms. Despite having popular support, term limits remain contentious among both voters and politicians. This paper will examine different perspectives on term limits and analyze why they are necessary for implementation in the United States Congress.

Approximately 75% (2) of Americans support term limits due to losing trust in a system perceived as corrupt and favoring only a select few individuals. However, reasons behind this support are not simple or straightforward. Corruption and bias contribute to calls for term limits on the surface, but it is actually a more intricate issue that necessitates deeper examination. The text highlights various issues affecting Congress, such as scandals, allegations of bribery, claims of sexual harassment

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questionable campaign contributions, and perks enjoyed by members.Ed Crane from the Cato Institute suggests that the long tenures of Congress members have caused a disconnect between them and ordinary citizens. He believes that Americans desire representation from individuals with diverse backgrounds rather than career politicians. Implementing term limits would enable candidates from various political backgrounds, including those who have predominantly worked in the private sector like most people. Voters support term limits for several reasons, such as desiring a more competitive election system and expecting decreased corruption.

The majority of the public's support for term limits is evident in how several states have implemented restrictions on the length of time their representatives can serve in Congress. Around mid-1995, about half of the states had already enforced these term limits. However, a hurdle arose when the Supreme Court ruled by a 5-4 majority that these limitations were unconstitutional. The Court expressed concerns about allowing states to establish their own qualifications for Congress as it could undermine the intended structure envisioned by the Framers to create a more perfect union. Hence, citizens and states must rely on Congress to enact term limits, which creates a conflict of interest for members of Congress. Supporters of this movement will need to come up with innovative approaches for lobbying. One potential strategy is to make state representatives sign a statement demonstrating their support for term limits in Congress. Those who refuse or show a lack of commitment towards term limits would be identified in the next election cycle, thus indicating their disregard for public opinion. Term limits have two significant bases of endorsement: strong support from the American people and being

an unofficial policy traceable back to the Articles of Confederation and possibly even the Constitution itself. However, solely relying on these arguments is insufficient to persuade career legislators to support term limits.In the grand scheme, there are additional significant arguments supporting term limits that may be persuasive. The influence held by current officeholders in Congress is deemed a result of politics evolving into a full-time occupation. It has become exceedingly challenging to contest and secure congressional seats against these established politicians. Professionals or those already in power greatly profit from the professionalization of politics. Conversely, every escalation in the authority of incumbent officials exacerbates careerism.

The text discusses the establishment of a continuous cycle in which career politicians are more likely to be elected, thus incentivizing politicians to pursue a long-term career in politics. Supporters argue that the power held by incumbents effectively leads to lifelong terms in Congress. This power, combined with the seniority system that grants influential positions based on tenure, creates an environment where voters feel compelled to re-elect their representatives in order to avoid losing state influence. Interestingly, as members gain seniority, they become less representative of their constituents and more representative of special interests. A prominent example is Senator Thurmon, who has been in office since before the Pearl Harbor attack and currently holds the record as the oldest serving Senator at 93 years old. As Chair of the Senate Armed Services Committee, Thurmon holds a significant position for his home state of South Carolina, which has a thriving defense industry (10). Thurmon's seniority within the Senate ensures his consistent re-election because no one in South Carolina wants to lose the

influence brought by his Chairmanship. Advocates argue that implementing term limits would dismantle the seniority system and establish a merit-based system (11). They contend that limited time in office would motivate legislators to prioritize their constituents' desires since they will soon return to live among them.Opponents argue that the electoral process already imposes existing limitations.

People dissatisfied with their representative can vote for a different candidate. Incumbents have the same chance as other candidates of not getting elected. The argument suggests that if there were term limits, legislators would lack experience. Because representatives can serve in Congress indefinitely, they are more likely to be familiar with the necessary rules, routines, and procedures, as well as how to use the federal bureaucracy to assist their constituents. Therefore, incumbents play a vital role in ensuring efficient operation of Congress.

However, the argument that longer tenure is essential for representatives to effectively accomplish tasks is flawed. The absence of term limits necessitates prolonged service in Congress at present. Consequently, Congress is controlled by its most influential or longest-serving members. Implementing term limits would eliminate the seniority system and the advantages enjoyed by incumbents, establishing equal conditions for all members of Congress. As a result, both incumbency and seniority systems have led to exclusive leadership positions being held only by white males. There exists an underrepresentation of women and minorities both in terms of numbers and leadership roles within Congress.The implementation of term limits would enhance competition in elections and increase the chances of women and minorities being elected. Currently, the existing system dissuades minorities from participating in elections as incumbents are likely to win most seats. This is because new

candidates lack the financial support enjoyed by incumbents, making it necessary for them to be wealthy or opt not to run at all. However, critics argue that there is already significant turnover in each election even without term limits. Additionally, capable individuals will only pursue political careers if they perceive long-term prospects in such roles. (15) (16)

Countering the notion that women and minorities lack representation and would benefit from more competitive elections is a challenge. Instead, the emphasis is on accepting professional politicians and careerism as an inevitable outcome of the electoral system. This argument disregards the topics of minority representation and incumbent benefits, aiming to divert attention from the unequal role minorities have in Congress. Advocates of term limits propose a shift back to citizen-legislators.

The professionalization of American politics has caused public estrangement, civic abandonment, and political confinement (17). Conversely, citizen-legislators, who come from private sector careers, serve a limited time in public office and then return to live among constituents, may exhibit contrasting behavior (17). Senior members of Congress are influenced differently as they are detached from their constituents and influenced by special interests (17). In contrast to these senior members, citizen-legislators rely less on staff and lobbyists for power dynamics on Capitol Hill. They are expected to pass fewer laws and support legislation that aligns with the desires of their constituents (18).

Critics argue that implementing term limits would result in neglecting constituents during legislators' final terms and transferring power to staff members and lobbyists instead (19). This shift in power could potentially strengthen a non-partisan bureaucracy instead of elected officials while hindering new members due to their lack of experience (19). However,

it is highly unlikely that a member who will soon return to their community - the ones who elected them - would disregard the wishes of their constituents or become so disconnected from them that they are unaware of their needs.The text states that senior members of Congress heavily rely on staff and lobbyists, while newcomers have less influence. Implementing term limits would reduce this dependency and address concerns about staff members controlling the country. It is common for senior members to become lobbyists or bureaucrats after leaving office, but term limits would decrease their ability to maintain power through outdated contacts. Some people believe term limits are unnecessary, while others consider them a pressing issue. Despite not solving all flaws in the American system, term limits rectify existing hierarchy and privileges within Congress. The issue extends beyond privilege for senior members and encompasses perceived corruption associated with it. Disillusionment with the system occurs as legislators align themselves with special interests instead of representing the people they serve. Representatives often prioritize bills that benefit their state for re-election purposes, but this approach may not guarantee effective governance. According to Ehrenhalt, politics has become a profession pursued above all else by individuals who prioritize it over other pursuits.In order for those seeking positions in government to effectively serve, they must have faith in the institution and be willing to make sacrifices. Implementing term limits would shift the focus of politics from being a career to striving for genuine change, ultimately making government more respected and accessible for all individuals. The goal of term limits is to create fairness and encourage participation from everyone. It is crucial

for a government to accurately represent its people, but this does not mean that affirmative action should be enforced by Congress. Instead, Congress should introduce term limits as a way to promote competition and innovation among its members and within the electoral process itself. (22)

When approximately 75% of the population supports an initiative, it is typically expected that the government would support it as well. However, if this particular initiative impacts the length of time a member can serve in Congress, there may arise a conflict of interest leading to its probable disapproval. The current structure of Congress incentivizes members to seek re-election for multiple terms by granting influential positions to senior members. Consequently, this poses a challenge for opponents trying to defeat incumbent politicians in elections, resulting in white males continuing to dominate as the most powerful individuals in the country. Nevertheless, white males do not accurately represent the diverse cultural and ethnic composition of the United States or effectively advocate for their constituents' various interests. The implementation of term limits can address this issue by fostering competition and ensuring representatives consistently reconnect with and represent their constituents' needs. Moreover, term limits eliminate seniority and promote a meritocratic system while enhancing awareness among citizen-legislators who are always close to returning to their communities. By encouraging competition, term limits have the potential to create a truly representative governing body within the United States Congress that equally includes women, minorities, and white men in influential positions. Ultimately, term limits grant control back to the people themselves.1. "Term Limitations: An Idea Whose Time Has Come" Policy Analysis No.141 October 30, 1996
2. "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, Herbert M.Point-Counterpoint: Reading in American Government St.Martin's Press ,New York :1995 .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 November2 ,19.
11.Petracca ,Mark"The Poison of Professional Politics"Policy Analysis No.+On May 10, 1991, Bandow and Petracca published an article titled "Women Minorities and Term Limits: America's Path to a Representative Congress" in the U.S. Term Limits Foundation Outlook Series. This article was referenced by the same authors in Levine, Petracca, and Fund. In nineteen ninety one, Ehrenhalt wrote a book called "The United States of Ambition: Politicians, Power, and the Pursuit of Office," with a page number of twenty.

Jacob will be publishing an article titled "Whose Government is it Anyway?" in the Journal of the West Los Angeles School of Law. The bibliography includes various sources from AllPolitics such as "Ballot Measures by State" from October 30, 1996 and "Term Limits Debate" from April 23, 1996.

AllPolitics' website on November 2, 1996 featured an article titled "Thurmon-ator Looks Good to Break Senate Records" about the South Carolina Senate Race. On October 17, 1996,Doug Bandow also published an article called "Bias for Incumbents" in The Washington Times.

Another article by Bandow titled "The Political Revolution that Wasn't: Why Term Limits are Needed Now More Than Ever" can be found in Policy

Analysis No.259 on September 5, 1996 at www.cato.org/pubs/policyanalysis.html.Additionally,

Ed Crane wrote an article titled "Campaign Reforms Vs." which was mentioned in The Boston Herald on April 23,
1996 at www.termlimits.org/index.shtml

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