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Limits to Congresspersons

 
 
Reply Thu 8 Oct, 2009 02:55 pm
Can aState cleverly use Article I, Section 2, Clause 1 to limit the terms of its congresspersons?
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Type: Question • Score: 2 • Views: 1,137 • Replies: 6
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Setanta
 
  1  
Reply Thu 8 Oct, 2009 03:05 pm
@TheSicilianSage,
States can and do limit the number of terms which their members of congress serve. It's not a very clever idea, though, unless all of the states have the same limits. The problem is that both house award important and powerful committee seats based on seniority. If your state imposes term limits, it is effectively denying its congressmen and -women the possibility of getting seats on important committees, because they will never accumulate the seniority of members of congress from other states. Many members of congress who have held their seats for term after term are able to successfully seek re-election because of the power they wield as a result of the important seats they hold on committees.
joefromchicago
 
  2  
Reply Thu 8 Oct, 2009 04:15 pm
@TheSicilianSage,
TheSicilianSage wrote:

Can aState cleverly use Article I, Section 2, Clause 1 to limit the terms of its congresspersons?

No.
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TheSicilianSage
 
  1  
Reply Thu 8 Oct, 2009 11:18 pm
@Setanta,
Thank's for your informed response. - Can you tell me which States and how their legislation is worded? ... And does/can such legislation distinguish between term limits for Representatives and Senators?
tsarstepan
 
  1  
Reply Fri 9 Oct, 2009 12:03 am
@Setanta,
http://www.law.cornell.edu/supct/html/93-1456.ZO.html

Sorry. Term limits attempted by the individual states for their respective US Congressional Reps. and US Senators have been ruled unconstitutional by the US Supreme Court.

Quote:
We are, however, firmly convinced that allowing the several States to adopt term limits for congressional service would effect a fundamental change in the constitutional framework. Any such change must come not by legislation adopted either by Congress or by an individual State, but rather--as have other importantchanges in the electoral process [n.50] --through the Amendment procedures set forth in Article V.
tsarstepan
 
  1  
Reply Fri 9 Oct, 2009 12:05 am
@TheSicilianSage,
Term limits can only be applied to state and city offices. The state of New York had tried to place term limits on US Congressional seats, like several other states in the past. See my other reply for the link to the US Supreme Court decision that made it constitutionally illegal to place such term limits at the federal level of government.
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statusquobuster
 
  0  
Reply Sat 10 Oct, 2009 08:15 am
@tsarstepan,
The way to limit terms of members of Congress is to make Congress obey Article V and give us the first Article V convention of state delegates that could propose a constitutional amendment that would limit terms. Learn all the facts about the Article V convention issue at foavc.org.
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