Why Term Limits?
Politicians Who Must Return to Ordinary Society Will Think More Carefully about Their Actions
Early in the 1990s a grassroots movement to limit the terms of elected officials in various public offices blossomed nationwide. Term-limit ballot initiatives passed in 19 states, usually by landslide margins. The U.S. Supreme Court threw out all state-imposed term limits on federal positions in 1995, but those for state and local offices were affirmed. The term-limits movement has slowed in recent years, and in a growing number of states the political establishment is fighting back. Quietly in most cases, lawmakers are starting to talk up the idea of extending the length of terms voters chose to limit, or to repeal the restrictions altogether. But the reasons the term-limit concept caught on in the first place remain as potent as ever.
It was Benjamin Franklin who summed up the best case for term limits more than two centuries ago: “In free governments, the rulers are the servants, and the people their superiors . . . . For the former to return among the latter does not degrade, but promote them.”
In other words, when politicians know they must return to ordinary society and live under the laws passed while they were in government, at least some of them will think more carefully about the long-term effects of the programs they support. Their end-all will not be re-election, because that option will not be available.
Nationally, the notion of the “citizen-legislator” remains a popular vision. The public is justifiably cynical about the hollow promises of so many lifelong professional politicians who are often purchased with special-interest money. Opponents of term limits are frequently the same interests who milk government for all they can get, such as defense contractors in Washington or the teacher unions in state capitals.
Opponents charge that limits are inherently antidemocratic, that people should be free to elect to office whomever they want and that voters inherently have the power to limit terms simply by voting incumbents out. But judging by the huge support that term limits have usually won at the ballot box—and still enjoy in most local polls—large numbers of citizens feel that a political system without limits is a stacked deck. Any system that allows incumbents to amass so much power and attention in office that challengers can rarely win is surely in need of a corrective.
Term-limit advocates properly point out that we already fix all sorts of restrictions on who can and cannot hold office, no matter how popular they may be—from age and residency requirements to two four-year terms for the president. Indeed, it isn’t widely understood that term limits is an old concept. With regard to municipal offices, it dates back at least to 1851, when the Indiana state constitution imposed them for almost every elected county office.
A 1998 report from the Cato Institute offered an intriguing response to the “We don’t need term limits because we can simply vote the bums out” argument. Author Einer Elhauge states, “Districts with highly senior legislators often impose externalities [burdens such as higher taxes] on other districts by securing the enactment of provisions the other districts dislike either on ideological grounds or because they bear the financial cost . . . . Voting your bum out is not a solution when what you want to do is oust the other districts’ bums. For that you need term limits, which oust the other districts’ more senior bums and thus strongly increase equality in legislative representation.”
Without long-term legislators, according to another anti-term-limit argument, “inexperienced” legislators won’t be able to control the permanent bureaucracy. That’s a red herring. Legislators ultimately control the purse and the power to control the bureaucrats any time they want to, and we must not overlook the unholy alliances built up between bureaucracies and long-term legislators. Surely, the “experience” of living as a private citizen under the rules and taxes one voted for as a legislator is just as valuable and instructive, if not more so, than the experience of cooking up those rules and taxes in the first place.
Term limits have been approved almost everywhere they’ve been on the ballot because concerned citizens see them as a positive structural reform, a necessary step to change the incentives of legislators so they would think more about the good of their states and country and less about their next campaign. Those citizens want to ensure a regular supply of fresh blood and new ideas in legislative bodies. They want to open the system to more people from a variety of professions. They want to make public officials less responsive to organized, well-heeled lobbies and more interested in serving the welfare of society at large.
But what about that paramount issue of great interest to readers of this magazine—the issue of individual liberty? Do term limits enhance or detract from its protection?
For sure, people in a free and democratic society ultimately get the government they vote for. Term limits cannot guarantee either individual liberty or good government if voters with bad ideas replace bad legislators with other bad people. Ben Franklin may have supported term limits, but he also believed, with John Philpot Curran, that in any event, “The condition upon which God hath given liberty to man is eternal vigilance.”
However, the evidence suggests that at the margin, term limits are helpful to the cause of individual liberty. Elhauge’s report showed that term limits lessen the influence of seniority. His research demonstrated that long-term lawmakers from both major parties vote for more bureaucracy than do lawmakers who have been in office for shorter times. Term limits lessen the ability of lawmakers to develop cozy deals with either bureaucracies or special interests that seek to get something from government at everyone else’s expense.
Stephen Moore, writing for the Cato Institute, says that an examination of the voting behavior of congressmen reveals that on a wide range of liberty-related issues—“not raising the minimum wage, defunding the National Endowment for the Arts, closing down the Legal Services Corporation, and cutting taxes—junior members [are] less likely to vote to tax, spend, regulate and otherwise stick Washington’s nose in our private affairs than [are] the old bulls.”
Term limits do not yet exist for members of Congress. Do we need a reminder that long-term pols with lots of “experience” in Washington have blessed Americans with trillions in debt and a federal government that sucks more and more from our wallets year after year after year?
It says a lot that virtually every group that lobbies for more government power and wealth redistribution opposes term limits. When they buy a lawmaker, they want him to stay bought and stick around a while.










Comment by Arcadio on 22 December 2009:
Dear Mr. Reed:
I fully agree with the dangers and excess created by “permanent” government officials.
However, the Founding Fathers saw fit not to limit these terms. There is divine wisdom in designing it this way. You quoted Mr. Franklink that the price for liberty is eternal vigilance. “Permanent” candidates are there because people still vote them into office, which in my opinion shows their ignorance. As you said this generation of “legislators” have weighed us down with trillions of dollars in debt. But in order to fulfill the plan of our Creator we have to be held accountable for our actions. And the only way we can do that is through freedom/choice.
“God never gives men up to be slaves until they lose their natural virtue and abandon themselves to slavery.” RICHARD SALTER, as quoted by Leonard E. Reed – Elements of Libertarian Leadership, Chapter 5.
Our Constitution was made for a virtuous people. Each generation has to earn its freedom or suffer the consequences of inattention.
“the preservation of liberty depends upon the intellectual and moral character of the people.” John Adams.
“Men are qualified for civil liberty in exact proportion to their disposition to put moral chains upon their appetites … It is ordained in the eternal costitution of things that men of intemperate minds cannot be free. Their passions forge their fetters.” John Burke
“The tyranny of a Principal in an oligarchy is not as dangerous to the public welfare as the apathy of a citizen in a democracy.” James Bovard, Freedom in Chains, p 105. Therein, Mr. Reed lies the danger, in the apathetic public.
Notice that James Madison, in Federalist #53 states that frequency of elections is the corner-stone of free governments. Not limiting the number of terms that a candidate can aspire to. He also foresaw the conditions under which we live today, i.e., “the vigilant and manly spirit which actuates the people of America – a spirit which nourishes freedom, and in return is nourished by it. If this spirit shall ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate any thing but liberty.” Federalist #57.
Comment by Chip Ross on 22 December 2009:
I’m in favor of term limits. One term per legislator — no more! This is one of the few ways we can limit the damage to our society and economy by legislators.
Comment by Charles Tolleson on 22 December 2009:
In addition to the current way of selecting members to congress, there should be a constitutional amendment that would allow one additional member from each county or district to be selected the same way select grand jurors, with a term no in the House of longer than 24 months.
Currently each member of the House represents more than 650,000 people and oversees a behemoth government of more than 400 departments and agencies. There is no way this small congress can exercise proper oversight. The constitution says each member will represent no less than 35,000 people.
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