Congressional Term Limits Legislation...

[bthebert]

What is the name of your state (only U.S. law)? Washington

I have heard a lot of people talk about term limits for Congress, and the possibility of actually getting the congress to vote term limits upon themselves is pretty minuscule. So I was thinking, is it possible to start this at State Level? Can we, the people, start an initiative to limit our representatives to the Federal Congress to a limited number of terms?

 

[FlyingRon]

What is the name of your state (only U.S. law)? Washington

I have heard a lot of people talk about term limits for Congress, and the possibility of actually getting the congress to vote term limits upon themselves is pretty minuscule. So I was thinking, is it possible to start this at State Level? Can we, the people, start an initiative to limit our representatives to the Federal Congress to a limited number of terms?

It wouldn't be "legislation" per se. It would have to take the form of a Constitutional amendment. The problem is that there are two ways to get an amendment started both of which involve congress kicking the ball off, which they are disinclined to do. The recent election has done nothing to chagne the "I'm in it for myself" mindset of the current crop of politicians.

 

[westside]

Is there any reason a state legislature couldn't pass a law limiting terms for representatives of that state in the U.S. Congress?

 

[Zigner]

Is there any reason a state legislature couldn't pass a law limiting terms for representatives of that state in the U.S. Congress?

Because they don't have the authority to do so.

(eta: we lovingly call it the Supremacy Clause)

 

[westside]

Because they don't have the authority to do so.

What federal law prohibits it? It isn't in the constitution.

 

[Zigner]

What federal law prohibits it? It isn't in the constitution.

Article I, Section 2, Clause 1 of the Constitution for representatives.
Article I, Section 3, Clause 1 of the Constitution for senators.

Did you even READ the Constitution before posting that?

 

[westside]

Article I, Section 2, Clause 1 of the Constitution for representatives.
Article I, Section 3, Clause 1 of the Constitution for senators.

Did you even READ the Constitution before posting that?

Where does it say that a state may not impose term limits on their representatives?

 

[Zigner]

Where does it say that the state may not impose term limits?

Put that together with the Supremacy Clause and you will understand that matters having to do with the US Congress are dealt with at a federal level. That's why the states can't impose term limits. If you don't understand, then I suggest that you head to the local community college and take some courses in US Government.

 

[westside]

Put that together with the Supremacy Clause and you will understand that matters having to do with the US Congress are dealt with at a federal level. That's why the states can't impose term limits. If you don't understand, then I suggest that you head to the local community college and take some courses in US Government.

My understanding of the Supremacy Clause is that state law cannot override the U.S. constitution or federal statute. If neither the constitution nor statute address term limits, how does it apply?

 

[Zigner]

Thanks for your "expert" opinion.

One is glad to be of service.

 

[TheGeekess]

It wouldn't be "legislation" per se. It would have to take the form of a Constitutional amendment. The problem is that there are two ways to get an amendment started both of which involve congress kicking the ball off, which they are disinclined to do. The recent election has done nothing to chagne the "I'm in it for myself" mindset of the current crop of politicians.

I think one way involves 2/3rds of the state legislatures getting together to introduce an amendment.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;

https://constitutioncenter.org/interactive-constitution/articles/article-v