Skip to content
Search

Latest Stories

Top Stories

The too-short term limit mistake

Opinion

The too-short term limit mistake
LaRue writes at Structure Matters. He is a former deputy director of the Eisenhower Institute and of the American Society of International Law.

Advocates for congressional term limits have an easy target: representatives and senators so easily reelected that they can elevate their own and their donors' interests above those of their voters. Adding to this worry over real or perceived self-interest, with or without actual corruption, is concern about our long-serving elected leaders' reduced capacities to govern as they age.

But the advocates – whether good-government reformers, conservative originalists, thoughtful independents, or combinations of the three – keep missing the bull's eye. And they miss by a decade or more. They anchor their proposals with a two-term limit in the Senate, which they should consider doubling if they want positive governing change.

Such 12-year limits have dominated congressional term-limit proposals ever since they began emerging in the latter half of the last century. The problem targeted decades ago was congressional "rigidity" or "inertia;" today it is swampiness. Now as well as then, such short limits would fail to fix the problem and would cause serious additional harm.

First, limiting congressional tenure to a dozen years would shift governing and policy expertise outside the institution; further empowering lobbyists and special interests would serve neither representational nor national interests. Second, such short tenures, combined with periodic partisan rotation of institutional control, would weaken the legislative branch internally and diminish its ability to check the executive branch. (There are additional drawbacks as well.)

So where does the real tenure problem lie? With the long-serving veterans who choose not to leave. Their extended service constrains the institution's succession pathways and, more frequently than anyone likes to acknowledge, produces less skilled governance. Limits of four Senate terms would address both challenges.

We must first deflate the notion of citizen legislators, who serve the nation briefly before returning to their states to continue their careers. This was the norm before the Civil War, when 40% of Representatives would not run for reelection after any given Congress. The 20 th Century, particularly after WWII, saw the importance of the federal government grow and careers in Washington become attractive. Since 1900, the share of members not running for reelection averaged just 11.5%.

But such careerism is not the problem. The country's development and the nature of its challenges require that national effort and expertise be deployed. Rather, it is the unwillingness of senior members to relinquish power.

By the end of the 19 th Century, only nine people elected to Congress had ever served 30 years or more; at the start of the 21 st Century, fully 5% and then 6% of the institution – 28 members in 2007, rising to 34 in 2009 – was made up of 30+-year veterans. Today, seven percent of Senators have reached the three-decade threshold and the average age of all Senators is over 64, the highest ever.

What's wrong with such long tenures and the Senators' correspondingly advanced ages? First, less-than-capable leadership does become more common. Recall your reaction to seeing eight-term Senator Patrick Leahy preside over the second Trump impeachment trial, or the contributions of now seven-term Senator Charles Grassley or six-termer Diane Feinstein during the Judiciary Committee's last two confirmation hearings for Supreme Court justices. Second, our more senior members of Congress can be a bit out of touch; think of their questions about Facebook's operation during Mark Zuckerberg's testimony in 2018.

Third, and perhaps most importantly, such senior senators block the ascension of three- and four-term colleagues who are fully capable of leading the body. A two-term limit in the Senate would only penalize the now ready, able, and too-long waiting senators who have no path through the logjam at the top.

The challenge in the House is similar, where Representatives Pelosi (serving her 18 th term), Hoyer (his 20 th) and Clyburn (15 th) have sat atop the Democratic leadership for nearly two decades (since 2003). You need not oppose their reign to ask if others could run the institution. Chris Van Hollen, for example, was serving his seventh term in the House in 2015 and, an already-risen star, could have become Speaker after Pelosi. But his blocked path made his choice to mount an ultimately successful run for the Senate easier, a genuine loss for the House (notwithstanding its gain of Jamie Raskin, his successor).

Hence my call for term limits of more than two decades' service, e.g., four terms in the Senate and 10 to 12 in the House. Such limits need vetting, of course; perhaps three or even five terms would work in the Senate, or, as advocated by Rep. Bill Frenzel fifty years ago, nine terms in the House. Only passing consideration need be given to limits instead on party leadership positions, since they would do nothing about long tenures' other problems and would remain comparatively easy to change – by self-interested veteran legislators. As for exceptions for future lions of the Senate, like the nine-term Ted Kennedy, very few could be allowed if necessary politically, but they could be considered later in the review process.

The key is to get off the two-Senate-term mistake promoted by the Congressional Term Limit Caucus, presidential candidates from Donald Trump in 2016 to Beto O'Rourke and Tom Steyer in 2020, or Senator Ted Cruz earlier this year.

The tangible benefits of a Congress made less sclerotic by longer term limits aren't easy to entertain when so many immediate election reform challenges command our attention. Additionally, there is the question of whether they are worth the effort to amend the Constitution, which imposing any term limit would require.

But our core electoral structure is eroding and, like your favorite underappreciated bridge or critical pipe, needs repair if not replacement. Vetting and debating longer term limits would get us one step closer to addressing this foundational issue, which, whether in years or decades, will demand our attention and action.

Read More

Presidents can no longer be trusted with pardons

Rioters breach Capitol security Jan. 6

Win McNamee/Getty Images

Presidents can no longer be trusted with pardons

Ours is a system of “checks and balances.”

The president can do this or that, but the courts and Congress can put a stop to it (depending on the circumstances and relevant rules). When the courts rule that the executive branch can’t do something, Congress can write a new law saying the president can do it. When Congress passes a law the president doesn’t like, the president can veto it. Congress, if it has enough votes, can override the veto. And so on. The whole idea is to deny any one branch or person too much concentrated power.

Keep ReadingShow less
Presidents can no longer be trusted with pardons

Rioters breach Capitol security Jan. 6

Win McNamee/Getty Images

Presidents can no longer be trusted with pardons

Ours is a system of “checks and balances.”

The president can do this or that, but the courts and Congress can put a stop to it (depending on the circumstances and relevant rules). When the courts rule that the executive branch can’t do something, Congress can write a new law saying the president can do it. When Congress passes a law the president doesn’t like, the president can veto it. Congress, if it has enough votes, can override the veto. And so on. The whole idea is to deny any one branch or person too much concentrated power.

Keep ReadingShow less
Donald Trump vs. Marjorie Taylor Green?! Here's What MAGA Really Means
Rep. Marjorie Taylor Greene
Celal Gunes/Anadolu via Getty Images

Donald Trump vs. Marjorie Taylor Green?! Here's What MAGA Really Means

In an interview on Fox News, President Trump affirmed his support for H-1B visas. He argued that because the US lacks enough talented people, we “have to bring this talent” from abroad. His words sparked outrage among conservatives.

Representative Marjorie Taylor Greene, one of Trump’s staunchest loyalists, pushed back against Trump’s narrative. Greene praised US-Americans as “the most talented people in the world.” She even introduced legislation aimed at ending “the mass replacement of American workers” by the H-1B visa program.

Keep ReadingShow less
Trump's Deregulation Lure: A Wage Squeeze for the Global South
person using black laptop computer
Photo by Kanchanara on Unsplash

Trump's Deregulation Lure: A Wage Squeeze for the Global South

When Colm Kelleher, chairman of UBS, sat down with Scott Bessent in recent months to discuss uprooting the bank's headquarters from Zurich to New York, it was more than corporate maneuvering. It was a signal flare for the financial world under Donald Trump's second term. Bessent promised a regulatory bonfire that could slash compliance costs and open the floodgates for American finance. The reported talks underscore a broader shift: the United States is apparently positioning itself as the unassailable hub of global capital, drawing in institutions like UBS with tax breaks and lighter oversight. Yet this allure comes at a steep price for emerging markets, where wage growth is already fragile. What looks like a boom for American workers masks a quiet trap, one that could deepen the divide between rich nations and the rest.

Bessent's vision, laid out in private conversations and public hints, paints a picture of American exceptionalism reborn. He has warned of a "perfect storm" of inherited inflation and supply disruptions from the Biden years, now to be tamed by aggressive deregulation and targeted tariffs. In one recent interview, he blamed soaring beef prices on a mix of migrant-driven cattle issues and lingering policy failures, framing Trump's agenda as the corrective force. The rhetoric is folksy, but the policy is sharp: roll back rules that hobble banks, lure foreign firms stateside, and shield domestic industries with import duties. UBS's flirtation with relocation fits neatly here. Across the Atlantic, Trump offers relief: no more endless stress tests, faster mergers, and a friendlier tax code. If UBS moves, it could save hundreds of millions annually in regulatory overhead, funneling those gains into higher bonuses for its New York traders.

Keep ReadingShow less