U.S. senator Ted Cruz and U.S. rep. Ralph Norman introduced a constitutional amendment for term limits. They are great conservatives, and their dedication to improving government deserves our respect.
The sentiments for shutting down the long-term (and long-winded) tenure of our elected officials makes sense. The general public hate Congress. They hate their inaction, or the wasteful action, or their delayed reaction when enacting reforms. Voters witness increased corruption in Washington, D.C. and throughout the state legislatures.
Wizened congressmen and U.S. senators fall asleep on the job or suffer cognitive impairment. Strom Thurmond (R-S.C.) and Dianne Feinstein (D-Calif.) stayed in office long after their expiration dates. They had to be wheeled about, and then they dropped dead while in office! Feinstein missed key votes and committee hearings last year before her passing, too. That worked for me as a conservative, but on principle, shouldn’t we expect more of our representatives?
But here’s the thing: The voters in the respective states elected them to represent them. Isn’t it their call, ultimately, who should serve them in Congress? Do we have the right to say to voters, “You need to elect someone else? You can’t keep putting the same one to the same seat!”
Despite this pushback, the term limits brigade rolls out its call for cutting off the tenure of every congressman and U.S. senator. Elected officials get old, greedy, arrogant, out of touch. They pay more attention to the institution and not the people who elected them. Fresh blood means new ideas, younger bodies, a fresher outlook on governing.
They want to restore the citizen legislature and end the “professional politician” class, which has dominated Congress and undermined our confidence in government’s ability to get things right or even get things done.
But these discussions suffer from fundamental flaws. With special thanks to Casey Burgat’s insights in his book We Hold These “Truths”, I would like to share the following reasons why it’s time for conservatives to limit their interest in the term limits discussion.
First, there is no such thing as a citizen legislature. Most of the people who get elected to office have longstanding ties in their communities, with an immense résumé of volunteerism and charity. They serve in local or state offices before Congress. The idea of a “citizen legislature” envisions a nation of Joe the Plumbers who do the bare minimum, then go home. That model doesn’t play out in reality. Running for Congress is a full-time job. Candidates have to acquire considerable wealth and connections to get elected. It takes a special, committed person to run for office, for better or worse. If activists want term limits because they want to wean Washington of its elites, it ain’t gonna happen.
Second, term Limits make it impossible for principled activists to become effective legislators. Building institutional knowledge, political acumen, and effective legislative skill takes time. Freshman legislators are learning all the pitfalls, powers, and problems in the legislative process. They negotiate competing demands of staff, party leaders, and lobbyists. During the first term in office, a representative merely learns his way around the building, how to file legislation, and how to connect with other members before having to campaign again.
U.S. senators Rand Paul, Mike Lee, and Ted Cruz have been effective advocates for constitutional principles. Imagine if they were forced out after two terms. Their term-limited forced departure would be a tragedy for the conservative cause.
Third, we can impose term limits on the politicians, but the real agents of power don’t get limited. The lobbyists — interest groups, labor unions, and corporate interests — keep running the show. They maintain immense power, knowing all the rules and taking advantage of the new crop of legislators cycling into Congress. There is no accountability or transparency for these lobbyists, either. California enacted term limits two decades ago, and the state is more liberal than before, with a legislature dominated by special interests that dictate the agenda and the terms, the voters be damned.
Fourth, term limits actually limit the voters’ check on the politicians. When a legislator hits his last term, he goes rogue, voting against his constituents because he’s looking to line his own pockets or improve his chances of finding another office or career. In 2017, California state senator Tom Berryhill of Northern California was term-limited. When the Legislature voted on extending the illiberal cap-and-trade program, Berryhill — a Republican in a conservative, rural area — voted for the corrupt program! Why? He wanted to please special interests, smoothing the pathway to get elected to local office, like county Board of Supervisors or city council. Term-limited politicians all too often stop serving the people and abandon their principles!
What about term limits for executives? The president of the United States can serve only two terms. Many governors around the country face term limits, too. Should we let them run for repeated re-election?
No, and here’s why.
The president of the United States, or a governor, commands considerable power, and the last thing anyone should want is a single executive arrogating more power to himself. The United States would have transformed into a de facto monarchy if any politician could be re-elected until he drops dead. Consider Progressive darling (and anti-Constitution cad) Franklin Delano Roosevelt! In contrast, legislators command much less power. One representative among many cannot do as much damage to the body politic. The president commands great power, which must be limited.
What should Term Limit Advocates focus on instead? Making it easier for people to run for office. Invest in more contested primaries, granting more power to local political parties, not to special interests. They should explore limiting the amount of time lobbyist firms employ their agents in legislatures, or they should ban legislators from serving as lobbyists.
Most importantly, if voters don’t like what they see in Washington or their state capital, they need to pay attention and vote better. All the limitations on legislators mean nothing if the citizens won’t wisely exercise their authority.
Image via Picryl.