Permanent Politicians

“One hundred and seventy-three despots would surely be as oppressive as one.”

James Madison

Federalist No. 48, February 1, 1788

During the Constitutional Convention, Mr. James Jackson, Georgia, arguing against the need for a Bill of Rights said, “Do we not return at the expiration of two years into private life? And is not this a security against encroachments?” Jackson felt since public service was only a two year job, it was unnecessary to have a Bill of Rights protecting citizens against government. What is government today becomes citizen tomorrow. I say Jackson had it right. If our elected rulers had to deal in private life, with the laws they impose, the laws would be better. Too many politicians subjugate national good for political expediency. If they were returning to private life soon, they would not be vulnerable to threats of losing their cushy committee seat; they are going to lose it anyway.

 The issue of term limits for our Congressmen has surfaced from time to time but seems to always quietly disappear. Many states have term limits for their politicians. Terms limits for the President of the United States were established by Section 1 of the Twenty Second Amendment to the constitution.

The very people who would be limited by term limits are the ones we have been relying upon to implement the limitations. This seems a blueprint for failure. Several states tried to invoke their Tenth Amendment right and set their own term limits for their Federal representatives. In the1995 case, U.S. Term Limits, Inc. v. Thornton, the United States Supreme Court ruled Arkansas did not have the authority to set qualifications for their Federal representatives different from what was in the Constitution. Justice Clarence Thomas, referring to the Tenth Amendment, wrote the opinion for the minority stating:

“Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress. The Constitution is simply silent on this question. And where the Constitution is silent, it raises no bar to action by the States or the people.”

If the Constitution is silent on an issue, the United States government has no authority to regulate the states.

Corrupt politicians have one thing in common and it is not party affiliation. The one thing they have in common is seniority. They have been hanging around the halls of Congress for many, many years; too many. The longer a politician resides in Washington, the less responsive he/she is to the citizenry. The founding fathers envisioned a citizen government, not a semi-permanent ruling class.

What are we to do? Our Congress seems unwilling to limit their terms. Our Supreme Court will not allow a state to impose term limits on their representatives. Where do we turn?

There is a legal and constitutional way we can impose term limits without getting the permission of Congress, the Supreme Court or the President of the United States. Article V. of the Constitution allows for the passing of an Amendment without the need of Congress.

“…the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which…, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by …Conventions in three fourths thereof.”

Two thirds of the states can call for a Constitutional Convention and pass Amendments with approval by three fourths of the state delegations; no Congress, no President, no Supreme Court.

I say we have a convention, pass a term limit amendment to the Constitution and let the elected rulers squeal. Let’s have it in Kansas City; I am tired of pork, but I like a good steak.

Randy Russ
www,randyruss,com