poly sci
There is a movement sweeping the United States that state legislatures, by virtue of the Tenth Amendment, have the constitutional power to establish a new qualification for federal office, specifically, a restriction on the number of terms their congressional delegations may serve in Washington. The legal battleground covers two sections of the Constitution. Proponents of term limits will highlight Article I, Section 4, which they say gives each state the authority to prescribe the "time, place and manner" of congressional elections, therefore delegating to the local level the rules of who gets to run. Opponents will counter that such an interpretation of the Constitution is much too broad. They will also point out that the exclusive qualifications for members of the House of Representatives and the Senate are explicitly set forth in Article I, Sections 2 and 3 - members of Congress must be at least 25 years old and citizens of the U.S. for at least seven years; Senators must be at least 30 years old and citizens for at least nine years; both Senators and Representatives must be residents in the state. Plainly, they reiterate, there is no reference to term limits. Opponents of term limits argue that Americans have always had the
This position will not be disputed so long as it is admitted that the desire of reward is one of the strongest incentives of human conduct; or that the best security for the fidelity of mankind is to make their interest coincide with their duty". There is nothing new about the inherent dishonesty of man when armed with a little power. They expected length of service to parallel the devotion and patriotism of those elected. From this authoritative resource we learn much about the powers delegated to our federal government and those reserved to the states. Accountability in the House would also fall victim to lame-duckery. " But the problem with this logic is that the 1787 Convention did delegate to the United States the power to establish uniform qualifications for candidates for federal office. The stabilizing role of the Senate, already badly weakened by the 17th Amendment, would be reduced by term limits to a perpetual lame-duck assembly. The qualifications of the persons who may choose or be chosen, as has been remarked upon other occasions, are defined and fixed in the Constitution, and are unalterable by the legislature". After all, if legislators were held to their oaths of office, there would not be a need for term limits. In Article I, Section 5 the Constitution further reserves to Congress the power to judge the qualifications of its members. "It almost takes a national temper tantrum to dislodge incumbents". The accountability provided at the ballot box would in effect be ceded to government, and our freedom to vote would be forever limited. Report cards on spending, such as the highly effective TRIM (Tax Reform IMmediately) program, would have no impact on House members serving their last term. A large number of lame-duck House members, who at all times would be coasting piously through their final two years, would be immune to the public response to their spending records as reported in the national TRIM Bulletins.
Common topics in this essay:
Article Section,
Governor Morris,
Meanwhile Hill,
James Madison,
Farrand Madison,
Alexander Hamilton,
Reform IMmediately,
Tenth Amendment,
Senators Representatives,
TRIM Bulletins,
term limits,
federal office,
1787 convention,
fixed constitution,
power establish,
specified terms,
article section,
james madison,
alexander hamilton,
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Acceptance Essays
