"Nothing so strongly impels a man to regard the interest of his constituents, as the certainty of returning to the general mass of the people, from whence he was taken, where he must participate in their burdens." George Mason
The Mood of the People
The Founding Fathers of the United States of America were farmers, merchants, physicians and ministers. They sacrificed wealth and time towards the establishment of a just and limited federal government. The self imposed inconvenience of service in the 18th century (travel by horse, lengthy communication times and absence from home, work and family) served as a deterrent to a permanent political class.
The Founders could not envision representatives forgoing their homes and livelihoods for extended periods. They believed, as stated by George Mason above, that citizen-representatives would serve the interest of constituents and return to “participate in their burdens”. The fruit of their legislative efforts was to be shared: no exceptions.
Here we are 235 years later and the federal government is not only the single largest employer in the country but has its own retirement and healthcare plans separate from the citizens they serve. We have members of Congress in office for over 40 years all while enjoying perks the average American can only dream about. The disparity between the citizenry and the federal workforce has reached levels unacceptable in the court of public opinion.
Politicians
Unlike the President, members of Congress and their staff, have no restriction on the number of years they can occupy office. Their need to remain in office (and collect all those juicy perks) requires constant fund raising. Members of Congress sacrifice service to constituents at the altar of campaign financing.
As noted earlier, the Founders did not envisage a time when there would be pain-free service of country. As a result a politician can only be removed from office through the election process or impeachment. The advent of Political Action Committees (PACs) and special interest groups have made the possibility of removal via voting booth a daunting challenge.
The inability of challengers to gain public visibility and present a viable choice on Election Day is at the heart of America’s desire for Congressional term limits. Although the political divide is stark, the fact that Left and Right, Men and Women, Whites and Minorities, etc., agree on limiting terms for Congress (and their staffs by association) demonstrates the fed up mood of the electorate.
Bureaucrats
While a Constitutional amendment to term limit Congress will have a massive effect on improving the relationship between the elected and the citizenry, the reduction in size of “America’s largest employer” is just as important. Government employees are not competitively evaluated like their counterparts in the private sector. This breeds incompetence and enables poor performers to remain in positions they are unable or unwilling to properly fill.
Unfortunately, efforts to reform the situation have met fierce resistance from entrenched interests. This situation will require legal remedy outside of the usual legislative process (more on this below).
COS Simulated Convention 2023
During the summer of 2023 commissioners from 49 states met for a one week long simulated Article V Convention of States. Six amendments to the Constitution were passed in the simulation; two of which address the topic discussed here:
Federal Term Limits & Judicial Jurisdiction Proposal 1:
Section 1: No person shall be elected to serve in the House of Representatives more than nine full terms, nor elected or appointed to serve in the Senate more than three full terms. This article shall not disqualify any person from completing a term in the Congress to which that person was elected or appointed prior to ratification of this article.
Section 2: No person shall serve in Congress for more than twenty-four years in total.
Although the term limits are still somewhat long, the reader must remember the compressed timeframe (one week) of the simulation. The fact that the states’ commissioners felt the need to establish limits suggests that a gathering with unrestricted time (and anticipated constituent pressure) will result in shorter terms. Public opinion is firmly with an Article V Convention of States Term Limit amendment.
Power Returned to the States
Reigning in permanent bureaucrat employment was addressed at the simulation in a subtle but eminently effective manner (see Section 2).
Federal Term Limits & Judicial Jurisdiction Proposal 2:
Section 1. The Supreme Court of the United States shall consist of nine judges, any six of whom shall constitute a quorum.
Section 2. Each of the several states shall have standing to bring an action challenging the constitutionality of any action of the Executive Branch or any enactment of Congress.
Providing each state the right of standing to challenge the constitutionality of ANY action/enactment of the Executive or Legislative branches, respectively, throws sand in the gears of federal overreach. Even in losing challenges, the legal machinations will dramatically slow the pace of implementation and allow changes in government composition to blunt a power grab.
Government agencies now facing the reality of serving the interests of the several states will shed incompetent and/or unwilling bureaucrat employees. Reluctance to embrace the new amendments will result in the states initiating law suits against offending agencies. In effect, the states will now be able to shut down tyrannical agencies and trim the federal workforce through the guaranteed right of standing before the court.
What Can “We the People” Do?
Although Term Limits rank high on the wish lists of most Americans; Congress is unlikely to vote itself out of cushy employment. Similarly they are reluctant to impose competitive evaluation of federal employees because this would place them at odds with the entire Washington DC powerbase (notably public sector employee unions).
This heavy lifting will only be attempted by pushback from the several states through a call to convene an Article V Convention of States.
Will you step up and sign the petition for your state to join the COS movement?
You CAN make a difference!
