Notify me of new comments via email. Main menu Skip to content. The Supreme Court term-limit laws unconstitutional. Posted on April 19, by shechaimspeaks. Uncategorized Leave a comment.
The Supreme Court ruled as much in As I wrote in October when Trump first proposed term limits: A 5-to-4 decision essentially wiped off the books term-limit laws that 23 states had for their congressional delegations.
The decision didn't affect term limits for state legislatures, and there are 15 states that impose them. That means that for congressional term limits to become legal again, Congress would have to amend the Constitution. Trump proposed a constitutional amendment during the campaign, and one member of Congress, Rep.
It's one of the most difficult things to do in politics. Alternatively, 34 states could agree to call a constitutional convention to go around Congress, which has never happened. As I previously wrote, only 27 proposals out of countless ideas in our country's year history have climbed that steep hill. The idea of term limits tends to get better reception on the right, so it's worth pointing out that Republicans control the legislatures in 32 states.
And journalists, depending on whom you're talking to. It requires an agreement by a two-thirds supermajority of Congress and then to be ratified by three-fourths of states, or 38 out of Only 27 proposals out of countless ideas in our country's year history have climbed that steep hill. This isn't the first time Trump has proposed one this campaign cycle alone. Back when he and other GOP presidential hopefuls floated the idea of changing the 14th Amendment to eliminate birthright citizenship, I dove into the circumstances surrounding those 27 changes to our Constitution.
I found that the United States is often only spurred to change it under extenuating circumstances, such as political crises, war and death. There is evidence that term limits create more competitive elections, said Josh Chafetz, a law professor and congressional expert with Cornell University.
But he said most political scientists would agree that term limits don't make sense in a body that deals with as many complex issues as Congress.
In fact, paradoxically, term limits could increase the power of those who can stay around the Hill for as long as they want: Trump is right, imposing term limits on Congress isn't a new idea. Politicians — especially those on the right — have been floating the idea for years as a way to crack down on corruption. The thinking goes that once a lawmaker spends too much time in Washington, he or she becomes part of Washington and incapable of effectively serving people outside of it.
U.S. District Judge William L. Dwyer, in a broad ruling, said the Washington term limits initiative was unconstitutional because it wrongly attempted to add qualifications for congressional candidates beyond those stipulated in the Constitution -- age, citizenship and residency in the state represented.
There have been congressional term limits. If fact, U.S. Senators and Representatives from 23 states faced term limits from to , when the U.S. Supreme Court declared the practice unconstitutional with its decision in the case of U.S. Term Limits, Inc. v. Thornton.
May 23, · Four versions of a proposed term-limits amendment failed in the House of Representatives on March 29 after months of debate. With constitutional amendments requiring approval by two-thirds of each house of Congress and three-quarters of the state legislatures, three of the proposals that the House considered failed to get even a bare majority. Watch video · That means that for congressional term limits to become legal again, Congress would have to amend the Constitution. Trump proposed a constitutional amendment during the campaign, and one member of Congress, Rep. Mike Gallagher (R-Wis.), has a bill out now to do that. 2. Changing the Constitution is really, really hard.
Apr 19, · (1)- The Supreme Court says passing term-limit laws is unconstitutional. In , the Supreme Court decided in a 5 to 4 vote that states or Congress can’t just make a law limiting the number of terms members of Congress can serve. The decision essentially wiped off the books term-limit laws that 23 states had for their congressional delegations. U.S. Term Limits, Inc. v. Thornton, U.S. , was a case in which the Supreme Court of the United States ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those specified in the Constitution. The decision invalidated the Congressional term limit provisions of 23 states. The parties to the case were U.S. Term Limits, a non-profit advocacy group, .