Term Limits for Members of Congress: State Activity

Publication Date: June 1998

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

In 1990, term limit advocates began their campaign to limit congressional terms by changing state laws, amending state constitutions, and passing state ballot initiatives, rather than by amending the U.S. Constitution. Their strategy was to circumvent the more difficult and time consuming amendment process at the federal level and go directly to the voters and legislatures of each state. By mid-1995, voters or legislatures in 23 states had approved congressional term limits. In 1995, however, the U.S. Supreme Court ruled that state-imposed limits on congressional tenure violate the Constitution and that term limits can only be set through passage and ratification of an amendment to the U.S. Constitution. Since then, term limit supporters have pressed Congress to propose a constitutional amendment and encouraged state legislatures to pass resolutions calling on Congress to propose a constitutional amendment. Since the 1996 general election, some proponents of a national constitutional convention to consider term limits have redirected their activities toward pressing Congress to propose an amendment limiting House Members to three terms (6 years) and Senate Members t o two terms (12 years). Some term limit advocates are also working to elect more candidates who pledge to limit themselves to three House terms and two Senate terms.