Policy Analysis: Congressional Term Limits
The five steps of policy analysis include: (1) defining and analysis; (2) constructing alternatives; (3) choosing evaluative criteria; (4) accessing alternatives; and (5) drawing conclusions. Thus, Congressional term limits must be considered by utilizing all five steps. America’s first President, George Washington (1732–1799) advocated term limits by example; returning back to his civic life after serving as President in 1792, whose second incumbency was elected unanimously.
Since Washington, American presidents observed term limits until Franklin Delano Roosevelt; who ensured “resentment and uneasiness” due to his defiance of Washington’s ‘no third-term’ policy historically revered by all American leaders, (McClellan, J., p. 586). Roosevelt’s propensity to exploit his own liberty produced arose resistance throughout the Republic; resolving to the Twenty-Second Amendment to the U.S. Constitution; ratified in 1951; presenting an enumerated preclusion that no president shall be elected for more than two terms.
Defining the Problem
Congressional term limits are a national policy problem whereby elected representatives become entwined within the political system after arriving in Washington. The problem faced is uncontrolled spending, and the burden that falls on the citizen; Congress persistently expects that constituency to fund an evident malevolent operation. This problem is ubiquitous throughout America; as her federal government’s inactive negligence floods the streets of major cities. Citizens are most affected by the federal government’s frivolous expenditures on radical social programs. Congress utilizes the power of the purse to depose the dollar; wielding the power of the Bureau of Engraving and Printing (BEP). The BEP has been printing money since 1862; alongside “a variety of U.S. government security documents,” (BEP). Special interest groups obscure the meaning of domestic events and legislation; thereby rifting a divide in the population; and corralling the citizenry into partisan voting blocs. Legislation must be crafted to regulate the liberties of Congress; forcing Representatives and Senators to find solutions during their incumbency.
According to U.S. Term Limits (USTL), established in the 1990s and based in Washington; term limits must be placed on all levels of government. The organization notes that “[a] quarter of Congress has been in office for more than 16 years. Nearly half of Congress has been in office for more than eight. Nine members have been in office for more than 40 years.” USTL refers to this as Congressional tenure—a feature greatly opposed by our Founders.
Constructing Policy Alternatives
At first glance, State-imposed sanctions could be applied to State Constitutions; although it requires more centralization of the states. Yet, this is unlikely—U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) held that “States cannot impose additional restrictions, such as term limits, on its representatives in the federal government beyond those provided by the Constitution.” According to USTL, “[t]he Court decided, in a 5-4 split decision, that citizens are not allowed to term limit their own members of Congress using state laws,” (USTL). Therefore, a Constitutional Amendment must be proposed through Congress, and then ratified to ensure lasting term limits—but Congress themselves must vote on this regulation. Constituents’ call for Congressional term limits remains a persistent request among constituents, dating back as early as recorded political history; though many are inclined to absolve themselves from
Therefore, the policy solution bearing the most indefinite vigor is a Constitutional Amendment; thereby precluding revision.
Moreover; each member of Congress receives a score based on their performance that constituents could use to weigh their votes. Congress has imposed these same restrictions on man; known as Environmental, Social, and Governance (ESG). According to IBM, “ESG was first coined in 2004 by the United Nations Global Compact, [but] the concept has been around for much longer,” (IBM). While oversight institutions have persistently catered themselves to socially responsible investing (SRI) since the 1970s; a contemporary influence now mandates the regulation of civic behavior to conform to these demands. Therefore, Congress should be unappeased to find themselves subject to such scrutiny;
Lastly, taking away Congressional salaries; limiting the ability for government officials to make income during their time in office. This measure could be utilized temporarily to force action and accountability. Congress should not be seen as an opportunity to fiscal prosperity but as a serious commitment to civil service and the wellbeing of American citizens within each and every district.
Evaluative Criteria
Congress is required to propose a Constitutional Amendment. Therefore, two-thirds of States must propose its ratification; albeit a convention can be called to address this, (WhiteHouse). The National Archive asserts that “a proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States),” (Archives). Social feasibility supports the notion of reigning in Congress, and its ability to curtail individual sovereignty and unmerited inequalities.
Access to Alternatives
Congress has introduced alternative bills per district; many attesting to secure term limits to beget significant representation. But these bill proposals remain unpassed by Congressional vote, including;
H.J.Res.11.
On Janurary 9th, 2023, South Carolina Representative Ralph Norman, Jr., et al. introduced H.J. Res 11—a two-page bill proposing term limits on Representatives and Senators. The proposal reads that, “[n]o person who has served 3 terms as a Representative shall be eligible for election to the House of Representatives;” adding “[n]o person who has served 2 terms as a Senator shall be eligible for election or appointment to the Senate.” The bill’s latest action reads that on September 28th, 2023 the bill was defeated in the House by Yays and Nays; totaling 17–19, (Congress).
H.J.Res.3.
On January 9th, 2023 Texas Representative Pat Fallon proposed H.J.Res.3 “shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification,” (Congress).
H.J.Res.32.
On February 9th, 2023, New York Representative Claudia Tenney proposed “an amendment to the Constitution of the United States to limit the number of consecutive terms that a Member of Congress may serve,” (Congress). The bill precludes Representatives who have served “six consecutive terms” to wait one election cycle before re-entering Congress. Senators face a limit of two terms—limiting their ability to rejoin the Senate until the “first day of the second Congress that begins after the sixth consecutive term.”
H.J.Res.20.
On January 12th, 2023 Wisconsin Representative Derrick Van Orden introduced H.J.Res.20—a bill proposing Congressional term limits, writing “Senators who serve two consecutive terms and Representatives who serve six consecutive terms become ineligible to serve until the second Congress that begins after their last consecutive term,” (Congress). H.J.Res.20 does not impose legitimate sanctions against Congress, instead preventing campaigning for one-term following consecutive incumbency.
S.J.Res.2.
On January 23rd, 2023 Texas Senator Ted Cruz, et al. introduced S.J. Res. 2, mirroring Representative Norman’s bill proposal. Unlike Representative Norman’s bill proposal, on January 23rd, 2023 the bill was “read twice and reffered to the Committee on the Judiciary Action,” (Congress).
H.J.Res.51.
On April 6th, 2023 Rhode Island Representative Seth Magaziner proposed H.J.Res.51; “an amendment to the Constitution of the United States to limit the number of consecutive terms that a Member of Congress may serve,” (Congress). The bill allows for Representatives to serve “five consecutive terms” before precluding reelection; yet Senators face a limit of two terms—the bill limits both Senator and Representative campaigns to one year thereafter; acknowledging post ex facto laws to incumbent pol.
Article V.
Under the U.S. Constitution’s Article V, thirty-four State legislatures must propose application for an amendment; thenceforth proceeded by thirty-eight States; “[t]he Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate,” (Constitution).
According to TermLimits.org (USTL); “[m]ore than 500 applications have been made by the states asking for an Article V Convention on various topics. To date, a proposal convention of states has never been called. However, 3/4s of the states in convention did ratify the repeal of the prohibition amendment in 1933,” (USTL). The exists a vast public consensus on the preclusion of power and the mitigation of permanent politicians. Thus, the act of representation is not consent for exploitation; nor should minoritarian interest groups be treated as fulcrums to pivot the nation into authoritative governance. USTL organization contends that “[c]urrently, the Article V movement with the most traction is the Balanced Budget Amendment which needs only seven more states in order for Congress to call an Article V Convention,” (USTL). No matter the specific details of the legislation; all demand relief to the same public dilemma: concern of trustworthiness and honesty held by those governing.
Conclusion
All levels of government were presupposed to self-impose restraint against monopolistic incumbency, lest tyrannic governance; yet the Twenty-Second Amendment to the Constitution reveals that explicit enumeration must reside to deter the exploitation of liberty.
As a Constitutional Amendment appears to be an unviable solution per its refusal by the majority of the governing Congressional body, two methods must be utilized to reign in federal tyranny: 1) issuing performance scores for incumbent politicians, given to constituents; thus better informing them come the season for re-election; and 2) the total elimination of Congressional salaries, alongside the preclusion of the ability for government officials to make any income whatsoever during their time in office. These two necessary hindrances will force Congress to consider the individual; realigning the Congressional body to ensure a fair Congress built on civic representation; thus precluding Congressional tenures.
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