Should Congress Have Term Limits Too?

When it comes to electing the President of the United States, a President cannot be elected more than twice for office, but members of Congress can continue serving so long as they keep winning their re-election. In recent years, that difference has raised questions and calls on both sides of the political aisle for Congress to have term limits. In the Constitution, specifically Article 1, it establishes two-year terms for members of the House of Representatives and six-year terms for Senators, but it does not mention nor limit how many terms either can serve. In 1951, the United States ratified the Constitution by adding the 22 amendment, which placed term limits on the United States presidency, but no similar amendment has been enacted for members of Congress.

Some states have tried to enact laws to address this very issue themselves, but many have been unsuccessful. In 1992, Arkansas voters approved a state constitutional amendment that would’ve prevented congressional candidates from appearing on the general election ballot after serving three terms in the House or two terms in the Senate. However, in U.S. Term Limits, Inc. v. Thornton (1995), the Supreme Court ruled that states could not add qualifications for congressional service beyond those established in the U.S. Constitution. The Court rejected the argument that Arkansas was simply regulating access to the ballot, explaining that the restriction effectively created an additional qualification for office, which the Constitution prohibits. From the Court’s perspective, changing those qualifications would require changing the U.S. Constitution itself.

Supporters of congressional term limits argue that requiring lawmakers to leave after a certain number of terms in office would create more opportunities for new representatives and make Congress more responsive to the people they serve. Opponents on the other hand argue that voters already have the ability to remove lawmakers through the elections process and should also have the choice to keep someone they truly believe is doing a good job. They also warn that forcing out experienced lawmakers could shift more influence toward congressional staff, executive agencies, and lobbyists who remain in Washington after the elected members leave. With these competing views on congressional term limits, the question then becomes whether term limits would make Congress more accountable to the people or force out experienced lawmakers who voters still want representing them.

Therefore, establishing a congressional term limit would require changing the Constitution itself, not just by passing a bill to make it happen. Under Article V, two-thirds of both the House and Senate would need to support a proposed amendment to the Constitution, followed by ratification by 38 states (3⁄4 of States). Achieving a two-thirds majority vote, especially on a topic that affects the members themselves, in both chambers is nearly impossible these days, let alone achieving a simple majority vote. There is also another route, where two-thirds of state legislatures can apply for a convention to propose an amendment, but any proposed amendment would still need approval from 38 states, which again in today’s political atmosphere, is nearly impossible. So, until these processes are taken, for now, voters can continue re-electing their representatives to Congress for as long as they want them in office.

Work Cited:

Arkansas term limits, Proposed Amendment 4 (1992) – ballotpedia. Ballotpedia. (1992). https://ballotpedia.org/Arkansas_Term_Limits,_Proposed_Amendment_4_(1992)

Garrett, S. R., & Whitaker, P. L. (2023, March 10). Term limits for members of Congress: Policy and legal overview | congress.gov | library of Congress. Congress.Gov. https://www.congress.gov/crs-product/IF12343

Stevens, J. P. (1995, May 22). U. S. Term Limits, Inc. v. Thornton. Oyez. https://www.oyez.org/cases/1994/93-1456

The U.S. constitution. National Constitution Center – constitutioncenter.org. (n.d.-d). https://constitutioncenter.org/the-constitution