Nearly 14 years ago, after nearly 12 years of public service, my boss, Rep. Todd Platts, surprised many by announcing he was not running for reelection. He never term-limited himself, per se. Yet he had long supported legislation for 12-year term limits. Stepping aside at that point made sense—a Cincinnatus move, with Todd going back to the Pennsylvania Bar as a hometown judge.
Term limits are always a timely issue. Term limits may have died down as an issue in the halls of Congress, but I still hear it from people in my home area.
I have supported term limits for Representatives and Senators at both the state and federal levels. Yet I supported only the term limits introduced by Todd. His term-limits bills would have limited both Representatives and Senators to 12 years in office, short of the 6 years for Representatives advocated by at least one term-limits group, but still imposing a significant limitation on the legislature. Todd’s bill also applied only to consecutive terms, meaning if there was a break in legislative service – either during the twelve years or after twelve years – the clock reset. Add Todd’s bill, which partially grandfathered existing Representatives and Senators.
Todd’s bill seemed the best approach at the time. I instinctively opposed term limits of less than twelve years: Turnover in Congress has democratic value, but six years? Twelve felt the correct number. Add that limiting voting to consecutive terms balances the right of people to vote for anyone they want with the problem of incumbency, as my boss highlighted: An incumbent just doing their job has a great advantage in getting reelected. If there is a break in incumbency, the playing field is more level. As to the grandfathering, this helps ensure time to prepare for what amounts to a radical change in constitutional structure.
Maybe I still support term limits. Maybe not. But first, I want to dispatch with the two less persuasive arguments for term limits.
Do term limits have to mean a lack of needed experience in the legislative process? I do not think so if we set a 12-year limit. A few years is enough time to get up to speed – especially if we elect people who do their homework before even running. Not to mention that experience in the life of a Congressional District or state is valid experience for serving in the legislature, too.
Would term limits increase the influence of lobbyists or increase the “revolving door”? Unlikely in the first case and only somewhat in the second. There would be plenty of new legislators with no real connection to all those lobbyists.
However, there is also this argument: Term limits would insulate Senators and Representatives from the people. If time is limited, you are free to ignore public opinion. If one does not need to be re-elected, whether in six years or twelve years or whatever, would not there be greater statesmanship in terms of following legislative judgment over public opinion?
Yet, on this last one, I believe statesmanship is different than ignoring public opinion. It involves an engagement with the people. Engaging with the people to take positions shaped by their views but not controlled by them. So, a statesman is someone who considers public opinion but does not surrender to it 100%. The true statesman seeks compromise both inside Congress with other legislators and outside Congress with public opinion. A true statesman is still a public servant.
I confess that I liked working for Todd in Congress. When we hit the 12-year term limit, I admittedly had a self-interest in staying in Congress, working for Todd. But I can also honestly say that a shift in my position has been buttressed by my experience with Todd in being a true public servant.
I take pride in this – our attempts to reach constituents by responding to their letters, postcards, e-mails, and phone calls, and engaging in conversation. Our use of direct media and news media to inform constituents of the best case for the votes of Todd – then letting them decide whether that “best case” is good enough. Our town halls, where Todd made himself totally accountable to the people of his Congressional District. All of this is shaping Todd’s votes and actions.
Contra typical term limits arguments, I sincerely left Congress with an even greater commitment to the people of our Congressional District. How could I not when engaging so much with its good people?Scott Miller is a graduate of Widener School of Law, a former chief of staff in Congress, and the author of 'Christianity & Your Neighbor's Liberty.
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