Wikipedia 1. President[Edit] 2. Congress[Edit]

Wikipedia 1. President[edit] America's first president, George Washington, started the tradition of informal presidential term limits by refusing to run for a third term (originally he claimed he did not want to run in the first place, much less for a second term). The short-lived Confederate States of America adopted a six-year term for their president and vice-president and barred the president from seeking reelection. That innovation was endorsed by many American politicians after the American Civil War, most notably by Rutherford B. Hayes in his inaugural address. Franklin D. Roosevelt (president 1933 - 1945) was the first and only American president to break Washington's tradition successfully. He died in office a few months after starting his fourth term. This gave rise to a successful move in Congress to formalize the traditional two-term limit by amending the U.S. Constitution. As ratified in 1951, the Twenty-Second Amendment provides that "no person shall be elected to the office of President more than twice". 2. Congress[edit] Letter from Senator Orrin Hatch, first elected in 1976, expressing reservations regarding term limits (dated February 10, 2011) Reformers during the early 1990s used the initiative and referendum to put congressional term limits on the ballot in 24 states. Voters in eight of these states approved the congressional term limits by an average electoral margin of two to one.[26] It was an open question whether states had the constitutional authority to enact these limits. In May 1995, the U.S. Supreme Court ruled 5–4 in U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995), that states cannot impose term limits upon their federal Representatives or Senators. In the 1994 elections, part of the Republican platform included legislation for term limits in Congress. After winning the majority, a Republican congressman brought a constitutional amendment to the House floor that proposed limiting members of the Senate to two six-year terms and members of the House to six two-year terms.[27] However, this rate of rotation was so slow (the life-tenured Supreme Court averages in the vicinity of twelve years) that the congressional version of term-limits garnered little support among the populist backers of term limits, including U.S. Term Limits, the largest private organization pushing for congressional term limits.[28][citation needed] The bill got only a bare majority (227–204), falling short of the two-thirds majority (290) needed for constitutional amendments.[29] Three other term limit amendment bills failed to get more than 200 votes.[30] Defeated in Congress and overridden by the Supreme Court, the federal term limit uprising was brought to a halt. The term limits intended simultaneously to reform state legislatures (as distinguished from the federal congressional delegations) remain in force, however, in fifteen states.[31][32] In 2007 Larry J. Sabato revived the debate over term limits by arguing in A More Perfect Constitution that the success and popularity of term limits at the state level suggests that they should be adopted at the federal level as well. He specifically put forth the idea of congressional term limits and suggested a national constitutional convention be used to accomplish the amendment, since the Congress would be unlikely to propose and adopt any amendment that limits its own power. Some state legislators have also expressed their opinions on term limits. It is confirmed that in the following five states—and there may be others—state lawmakers approved resolutions asking Congress to propose a federal constitutional amendment to limit the number of terms which members of Congress may serve: 3. South Dakota Legislature (designated as POM-42 in the U.S. Senate) approved in 1989, South Dakota House Joint Resolution No. 1001 (see Congressional Record of April 4, 1989, at pages 5395 and 5396, with verbatim text provided); 4. Hawaii Senate (designated as Memorial 400 in the U.S. House of Representatives) approved in 1990, Hawaii Senate Resolution No. 41—unicameral only (see Congressional Record of September 28, 1998, at page 22655) it took 8 years for this resolution to find its way into the Congressional Record and to be correctly referred to the Committee on the Judiciary—and even then, its text was not provided in the Congressional Record); back in 1990, Hawaii's S.R. No. 41 was indeed received by the U.S. House of Representatives, and was designated as Memorial 416, (Congressional Record of June 6, 1990, at pages 13262 and 13263) but the resolution was erroneously referred to the Committee on Energy and Commerce—and its text is NOT provided in the Congressional Record; 5. Utah Legislature (designated as POM-644 in the U.S. Senate) approved in 1990, Utah Senate Joint Resolution No. 24 (see Congressional Record of September 27, 1994, at page 26033, with verbatim text provided) it took four years for this resolution to find its way into the U.S. Senate's portion of the Congressional Record; 6. Idaho Legislature (designated as Memorial 401 in the U.S. House of Representatives) approved in 1992, Idaho Senate Joint Memorial No. 116 (see Congressional Record of April 29, 1992, at page 9804—text NOT provided in the Congressional Record); and 7. Florida Legislature (designated as POM-122 in the U.S. Senate) approved in 2012, Florida House Memorial No. 83 (see Congressional Record of July 25, 2012, at page S5378, with verbatim text provided). Taking matters a bit further, on February 10, 2016, Florida lawmakers approved House Memorial No. 417 calling upon Congress, pursuant to Article V of the Federal Constitution, to assemble a Convention to prepare a constitutional amendment that would establish term limits upon members of Congress. 8. Supreme Court[edit] Legal scholars have discussed whether or not to impose term limits on the Supreme Court of the United States. Currently, Supreme Court Justices are appointed for life “during good behaviour”. A sentiment has developed, among certain scholars, that the Supreme Court may not be accountable in a way that is most in line with the spirit of checks and balances.[33] Equally, scholars have argued that life tenure has taken on a new meaning in a modern context.[34] Changes in medical care have markedly raised life expectancy and therefore has allowed Justices to serve for longer than ever before.[33][34] Steven G. Calebresi and James Lindgren, professors of law at Northwestern University, argued that, because vacancies in the court are occurring with less frequency and justices served on average, between 1971 and 2006, for 26.1 years, the “efficacy of the democratic check that the appointment process provides on the Court’s membership” is reduced.[33] There have been several similar proposals to implement term limits for the nation’s highest court, including Professor of Law at Duke University, Paul Carrington’s 2005 “The Supreme Court Renewal Act of 2005”.[35] Many of the proposals center around a term limit for Justices that would be 18 years (Larry Sabato, Professor of Political Science at University of Virginia, suggested between 15 and 18 years).[33][34][35][36] The proposed staggered term limits of 18 years would, according to Calebresi, Lindgren (2006), and Carrington (2005), allow for a new appointment to the Court every two years, which in effect would allow every president at least two appointments.[34][35] Professor Carrington has argued that such a measure would not require a constitutional amendment as the "Constitution doesn’t even mention life tenure; it merely requires that justices serve during ‘good behaviour’ ”.[34] The idea was not without support among Judges, as John Roberts supported term limits before he was appointed to the Supreme Court as Chief Justice. Calebresi, Lingren, and Carrington have also proposed that when justices have served out their proposed 18-year term they should be able to sit on other Federal Courts until retirement, death, or removal.[33][34] Fairleigh Dickinson University’s PublicMind Poll measured American voters’ attitudes towards various proposed Supreme Court reforms, including implementing term limits. The 2010 poll found that a majority of Americans were largely unaware of a proposal to impose a term limit of 18 years, as 82% reported they had heard little or nothing at all.[37] Notwithstanding a lack of awareness, 52% of Americans approved of limiting terms to 18 years, while 35% disapproved.[37] When asked how old is too old for a Supreme Court judge to serve if he or she seems healthy, 48% said “no limit as long as he or she is healthy”, while 31% agreed that anyone over the age of 70 is too old.[37] Some state lawmakers have officially expressed to Congress a desire for a federal constitutional amendment to limit terms of Supreme Court justices as well as of judges of federal courts below the Supreme Court level. While there might be others, below are three known examples: In 1957, the Alabama Legislature adopted Senate Joint Resolution No. 47 on the subject (appearing in the U.S. Senate's portion of the Congressional Record on July 3, 1957, at page 10863, with full text provided); 1. In 1978, the Tennessee General Assembly adopted House Joint Resolution No. 21 on the subject (designated as POM-612 by the U.S. Senate and quoted in full in the Congressional Record of April 25, 1978, at page 11437); and 2. In 1998, the Louisiana House of Representatives adopted House Resolution No. 120 on the subject (designated as POM-511 by the U.S. Senate and quoted in full in the Congressional Record of July 17, 1998, at page 16076). 9. State term limits[edit] See also: Comparison of State Governments Term limits for state officials have existed since colonial times.

Load more