The US Congress is tasked with the mandate of legislating. While members of Congress have made encouraging progress in passing laws that help drive the country forward, Congress remains notoriously incompetent. In particular, it is difficult for members of Congress from different parties to adopt a common position on any issue. For example, sharp divisions among the members have been seen on questions like gun control. As part of efforts to improve the effectiveness of Congress, it is being recommended that term limits should be imposed on legislators (Burgat, 2018). For the implementation of this recommendation to occur, a constitutional amendment is needed. The chances of the amendment passing are remarkably low owing to the complexities of adopting an amendment.
Necessity of Constitutional Amendment
On the question of imposing term limits on members of Congress, two solutions are available. One, a constitutional amendment that introduces a provision which imposes the limits could be introduced. Two, legislators could simply pass a law which stipulates the maximum number of terms that a member of Congress may serve. Given the complexity of constitutional amendments, the second option seems easier. However, there are some issues that make a constitutional amendment ideal and necessary. Ensuring consistency with the constitution is among the issues that necessitate a constitutional amendment. Marbury v. Madison highlighted the need to ensure that all laws are in line with the spirit and letter of the constitution. In this case, the Supreme Court determined that the judiciary has the authority to invalidate an act that Congress has passed if this act is found to be inconsistent with the constitution (Marbury v. Madison, 1803). As regards imposing term limits, this court ruling implies that if Congress passes an act, a court could simply declare the act void since it violates constitutional provisions. Therefore, amending the constitution is the safest route. The second issue that necessitates amendment can be found in the U.S. Term Limits, Inc. vs. Thornton case. Whether states can impose extra qualifications on those seeking elective office is the key question that the court hearing this case was confronted with. In its ruling, the court determined that by imposing term limits, states would essentially bar certain candidates from vying for office and this would go against the constitution (U.S. Term Limits, Inc. v. Thornton, 1995). If lawmakers choose to pass a law that establishes term limits for members of Congress, the law could be challenged in court. It is likely that the court will find the law to be unconstitutional as it would keep those who have exceeded the limit from running for Congressional seats.
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Elements of Drafting Language
In drafting constitutional amendments, lawmakers need to exercise tremendous caution. In particular, they should ensure that the language of the amendment accurately conveys the intention. There are various issues that lawmakers should consider as they draft the language that will underlie the constitutional amendment on Congressional term limits. The public policy that the amendment seeks to impact is one of the elements that should be considered (Adams, n.d). As courts interpret laws, they examine the impact that the law has on the public policy issues for which they were created. A court interpreting the amendment on term limits would examine how this amendment shapes the US electoral process. Therefore, it is important for those drafting the amendment to account for its impacts on public policy. Another issue that should be considered is the broader contextual issues that surround the amendment (Adams, n.d). One of the canons of construction stipulates that in interpreting a law, a court may refer to the broader issues which formed the context for the passage of the law. For example, as regards the amendment on Congressional term limits, the court could consider such issues as the need to enhance accountability and tackle the rampant corruption in Congress. These issues should be accounted for when drafting the amendment. The third element that should be considered concerns legislative history (Adams, n.d). Essentially, legislative history is a component of canons of construction which relates to previous laws that concern the same issue that a particular law addresses. In the US, there have been legislative efforts to impose term limits. The language of the amendment seeking to impose the limits should echo these efforts.
Amendment Paths
Article V of the US constitution outlines the constitutional amendment process. There are two paths that those seeking to amend the constitution may follow. The first path involves initiatives by the House of Representatives and the Senate. If an amendment secures the support of at least two thirds of the members of the two houses, it shall become part of the constitution (National Archives, 2016). A constitutional convention is the second path. Essentially, this involves state legislators proposing the amendment. The amendment passes and is included in the constitution if it garners the support of three quarters of the legislatures (National Archives, 2016). It is worth noting that the first path has been taken for all the amendments that have been passed so far. In seeking to limit Congressional term limits, the drafters of the amendment could use either of the two paths. However, since it has been used in all previous amendment efforts, the first path seems easier and is therefore recommended.
Government Branches Authority, Responsibility and Impact
The legislature, the judiciary and the executive constitute the US government. Each of these branches has distinct roles and has been assigned the authority needed to execute its mandate. Comprised of the House of Representatives and the Senate, the legislature is charged with the responsibility of enacting laws. To fulfill its mandate, the legislature is empowered to perform such functions as declare war and vet presidential appointees, among others (The White House, n.d). Implementing policies and interpreting the law are the respective responsibilities of the executive and the judiciary. Overturning laws and overseeing the operations of the other branches of the government are among the authorities vested on the judiciary (“Branches of the U.S.”, n.d). The executive which is represented by the President wields the authority to appoint officers to various institutions, agencies and departments.
The three branches of the government are among the main stakeholders who will be affected by the amendment on Congressional term limits. Legislators will particularly be affected. When the amendment comes into force, legislators are likely to serve fewer terms. Currently, since there are no restrictions, members of Congress are able to vie unhindered. Suppose the amendment caps terms at three, the legislators will be unable to serve for many terms as they are able to do now. The amendment is also likely to shape how the judiciary operates. As has been observed in the past, there have been court cases challenging the constitutionality of laws. It is indeed possible that some parties will seek the intervention of the court regarding the legality of the term limits. Enhancing the effectiveness of the executive is the main impact that the amendment promises to have. Currently, the US Congress is so divided that it has become difficult for the executive to implement policies. For example, the Trump administration’s efforts to repeal Obamacare have been unsuccessful owing to lack of adequate support from Congress. It is alleged that most members of Congress represent selfish interests in a quest to retain their seats (Burgat, 2018). When the term limits are imposed, the members of Congress will no longer be under immense pressure to protect their seats. Therefore, they are likely to pass laws that help to advance the agenda of the executive.
In conclusion, the American constitution is imperfect. It is for this reason that it should be subjected to constant review and amendment. Among the imperfections in the constitution is the lack of Congressional term limits. If Congress is to be empowered to execute its mandate faithfully, an amendment that establishes term limits is needed. As those behind this amendment draft it, they need to pay special attention to the language used. They should also understand that there are two paths that they could use to push the amendment. As they generate support for the amendment, the drafters need to understand that if passed, the amendment will have far-reaching impacts on the government and American society in general.
References
Adams, S. (n.d). Listing the canons of construction. Retrieved August 27, 2018 from https://isb.idaho.gov/wp-content/uploads/canons_w_commentary.pdf
Branches of the U.S. government. (n.d). USA.gov. Retrieved August 27, 2018 from https://www.usa.gov/branches-of-government
Burgat, C. (2018). Five reasons to oppose Congressional term limits. Brookings Institution Retrieved August 27, 2018 from https://www.brookings.edu/blog/fixgov/2018/01/18/five-reasons-to-oppose-congressional-term-limits/
Marbury v. Madison, 5 U.S. (1 Cranch) 137, 1803.
National Archives. (2016). Constitutional amendment process. Retrieved August 27, 2018 from https://www.archives.gov/federal-register/constitution
U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779, 1995.
The White House. (n.d). The legislative branch. Retrieved August 27, 2018 from https://obamawhitehouse.archives.gov/1600/legislative-branch
