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There are no term limits for US Congress members, leading to some politicians holding their seat for life. The issue has been debated for centuries, with some Founding Fathers wanting temporary leadership positions. In 1995, the Supreme Court ruled against term limits in Congress. The debate continues, with some arguing for change and others preferring to maintain the current system.
Traditionally there have been no term limits in the US Congress, although the issue has been debated for decades. Congressional term limits are generally understood to be legal restrictions on the length or total length of time a person can serve as an elected representative or senator. Officials are usually appointed for a set period of time, but in most cases they can run for re-election continuously, meaning that if they keep winning, they could actually hold their seat for life. The effect is that many longtime politicians have essentially made being a Representative or Senator their entire career, which some argue was not the intent of the founders who designed the system. Many debates and court cases followed, but as a general rule no term limits were imposed on Congress.
Initial terms
All US Representatives and Senators are elected to fixed terms, but the end date doesn’t necessarily mean that the official is out of work, it just means that there must be another election. Each member of the House of Representatives is initially elected to a two-year term, while senators are typically elected to six-year terms. Debate over term limits normally focuses on how many times a person can be re-elected, consecutively or in sum. Many members of Congress have served multiple terms; the late Senator Robert Byrd of West Virginia was first elected in 1958 and served until 2010, for example, and Massachusetts Senator Ted Kennedy served from 1962 until his death in 2009.
Discuss the problem
The idea of term limits, in Congress and in politics generally, has been debated in most countries for centuries. The discussion actually began in ancient times, when both the Greeks and Romans imposed term limits on certain offices. America’s Founding Fathers also heard arguments on both sides of the issue when they were framing the initial government. Scholars generally believe that George Washington and Thomas Jefferson wanted to design government leadership positions temporarily, but James Madison and Alexander Hamilton objected.
At one point there were no limits to the terms of any US politician, including the president. This changed in 1951 when Congress passed the 22nd Amendment to the Constitution, effectively limiting any president to two four-year terms. However, no limits were placed on members of Congress.
That’s not to say that many bands haven’t tried. In the 1994 election, for example, part of the Republican platform was to pass a law setting term limits in Congress. After winning a majority, they brought a constitutional amendment to the House that would have limited Senate members to two six-year terms and House members to six two-year terms. Since Republicans had 230 seats in the House, they were able to win a simple majority. However, constitutional amendments require a two-thirds majority, or 290 votes, and votes to limit term limits fell short of that number.
Court rulings
In May of 1995, the United States Supreme Court ruled against term limits in Congress in the case US Term Limits v. Thornton. In a 5-4 vote, the justices found that states could not legally impose term limits on Representatives or Senators. The issue did not resurface in Congress, although some members individually pledged to limit their terms. Some kept their word and did not stand for re-election when their time was up; others changed their minds and continued to pursue politics as a career path.
Pending
Whether there will ever be term limits in Congress is largely a matter for the public to decide. There have been times when this issue is very popular and very controversial, and other times when the loudest voices seem mostly quiet on the subject. In many ways the entire structure of Congress is built around an understanding of rank and seniority, and this would necessarily have to change if term limits were in place. Some say making this change would be good for the nation, while others argue it’s better to leave it at that than risk upsetting the entire system.
