We believe a term limits amendment is necessary to fix the structural problems that plague our federal government. But Congress hasn't proposed a constitutional amendment to limit itself since 1789, and the recent term limits proposal by Sen. Ted Cruz isn't likely to see the light of day.
That might be why, as Article V expert Prof. Rob Natelson explains in the excerpt below, they didn't take more care in drafting it.
The portion of the text dealing with senatorial vacancies may be ambiguous. The ambiguity arises in this way: Suppose a senator dies with three years and one month left in his term and the state governor appoints a replacement to fill the vacancy until a special election. The replacement serves for 13 months, and then wins an election to continue throughout the remaining two years in the term. The drafters’ apparent intent was that the two time periods be added together to total three years and one month. Because this is more than half a term, the replacement could run for only one more term.
Yet the amendment’s wording can be construed as saying the replacement served only two partial terms, each under three years, so he may run for two more.
More serious are two provisions that would render state ratification very difficult. The first provides for ratification by state legislatures rather than the constitutional alternative of popularly-elected state ratifying conventions. Many state legislators strongly oppose term limits, even when those limits don’t apply to themselves. Ratifying conventions such as those employed to ratify the 21st Amendment, are far more likely to approve term limits than state legislatures.
Additionally, even term limits proponents may balk at permitting only three terms, or six years, for members of the House of Representatives. Among existing term limits rules, this is an unusually short period: Allowances of eight to 12 years are far more common.
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Our federal politicians pay lip service to a term limits amendment. But, as evidenced by Cruz's sloppy drafting, even those who might genuinely support the proposal know that it'll never pass Congress.
That's why the people and the states need to call an Article V Convention of States. A Convention of States is controlled by the states and has the power to do what Congress won't: place real, powerful limitations on the authority of our federal officials.
Sign the Convention of States Petition below to show your support!
