term limits

Posted by Alexander Power
Received: 2025-02-21 17:00:30
Channel: US Constitution - US Constitution

seen on Reddit: https://www.themainewire.com/2025/02/maine-may-soon-join-calls-for-an-article-v-convention-to-amend-the-u-s-constitution/

SP10 advocates that a convention be called to impose term limits upon both members of Congress and Supreme Court Justices, while SP173 seeks campaign finance reform.

The proposed term limits for senators and representatives were not specified in the joint resolution, but it does articulate that lawmakers are seeking to give Supreme Court Justices staggered term limits of 18 years.

💡 "Campaign Finance" has too many issues to discuss here.

Term limits are the wrong solution to the wrong problem.

Well, two different solutions, to two different problems. Term limits for SCOTUS are different than term limits for elected officials ⚔️ ( re-elected officials) , and that is at least the right problem.

For the Supreme Court: the romantic idea is an 18-year term limit for SCOTUS, with a new member appointed every 2 years. And, some unspecified method to ensure that a judge's unfortunate early demise does not disrupt "partisan balance".

Unfortunately, said method might not exist.

Fortunately, there is no real need for a Constitutional Amendment here. Just, some amount of comity between parties, to implement it legislatively.

Term limits for Congress are the wrong solution to the wrong problem.

The claimed problems are:

  • geriatrics who sleep-walk to re-election
  • incumbents are re-elected too often
  • members spend too much time campaigning (and fund-raising)

Term Limits ... solve some of that. But create their own problems:

  • the "revolving door" - members spend too much time auditioning for their next job
  • political parties still have safe seats
  • harsh limits on "institutional knowledge"

There are other solutions, each of which have their own drawbacks. But, in some combinations, fewer drawbacks.

  • US House members cannot run for consecutive terms
  • Age limits for members
  • "Competence" tests 💡 ( which, unfortunately, might be impossible to distinguish from ideological tests)
  • Multi-member districts ⚙️ ( the problem is that State boundaries mean it is difficult to ensure each district has the same number of members; for partisan issues the differences between 3-member and 4-member districts are substantial)
  • a larger chamber ⚙️ ( the US House has had 435 members since 1913)