Congressional Term Limits Are Not The Answer

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SpotLight

A Study of Constitutional Issues by Topic

Issue 28: Congressional Term Limits are Not the Answer

Many otherwise well-intentioned patriots are fierce It should be pointed out that the existing system for
proponents of Congressional Term Limits, claiming determining the makeup of Congress — voting and
ratification would help restore limited government. elections — already allows voters to keep the “good”
This paper argues an alternate viewpoint, asserting members and vote out the “bad.”
that ratifying this amendment would backfire and, It is also important to realize that current election
over time, become widely viewed every bit as parameters allow the decision, of how long to keep an
dangerous as the 17th Amendment, despite the best individual member of Congress, solely within the
intentions of honorable advocates. district being represented.
Common arguments for a Congressional Term It is improper to allow other people and outside
Limits amendment include: forces, apart from voters in the individual legislative
1. Too much power exercised by members of districts, the opportunity to permanently restrict the
Congress for too long is a threat to liberty; and voice of district voters, in deciding how many terms
they want to keep their yet-willing U.S. Senators and
2. What proved good for Presidents — Term U.S. Representatives.
Limits, in 1951, by the 22nd Amendment —
would prove good for Congress. Indeed, Legislative Representation is the fundamental
building block of our Republic, which the
While “too much power” exercised by members of Declaration of Independence appropriately labels as
Congress is indeed a “threat to our freedom,” the “a right inestimable” to the people — a right so
assertion that individual members exercise this power important that its true value cannot be adequately
“for too long” is but an insignificant factor. estimated.
Unfortunately, a Congressional Term Limits But, the Declaration of Independence also calls
amendment would only address this immaterial efforts to induce people to relinquish Legislative
second point, while impotently ignoring the all- Representation as being “formidable to tyrants only.”
important first point. The Declaration of Independence warns those willing
Concentrating on *how long* individual members of to listen, that actions which diminish Legislative
Congress may exercise essentially unlimited powers Representation invariably push towards tyranny.
won’t resolve our problem, because replacing people Ratification of a Congressional Term Limits
who exercise too much power with others who still amendment likely won’t even restrict legislative
haven’t been directly restricted to their enumerated overreach (because it only limits the number of
powers resolves nothing.

Released into the Public Domain


February 18, 2022
allowable terms), but, to the extent that it actually indefinitely-employed federal offices and “independent”
lessened legislative power as advertised, actually establishments, protected from removal by civil service
indicates its direct potential for harm. protections notoriously difficult to penetrate.
Danger exists — if the amendment works as asserted Incidentally, the claimed benefit that a Congressional
by proponents — because any theoretical Term Limits amendment would prove every bit as
diminishment of legislative power won’t be magically beneficial as the 22nd Amendment’s prohibition
confined in a political vacuum, to necessarily revert keeping American Presidents from serving more than
back to the States or the people. two terms, is also wholly off base.
Instead, as one hundred and even two hundred years That is because limiting the terms of the President has
of American history already proves, the nearby federal nothing to do with [Legislative] Representation.
executive and judicial officials stand ever-ready to Congressional Term Limits and Presidential Term
absorb every available ounce of legislative authority Limits are not one and of the same nature, because no
possible, whenever fundamental principles are ignored. American President ever "represents" any divisible
Indeed, the unrelenting growth of The Administrative party of people (Presidents nominally act uniformly,
State — The Deep State — has already long shifted for all Americans).
federal power away from voter control in Congress, Article IV, Section 4 of the U.S. Constitution
toward the appointed bureaucrats in the executive and guarantees to every State of the Union a "Republican
judicial branches. Form of Government," securing Legislative
A Congressional Term Limits amendment, to the Representation to the States, in Congress.
extent that it restricted congressional overreach, would Executive officers and judicial officials never represent
simply shift what was once congressional action (and any person or place, but are merely the hired guns who
subject to voter influence), invariably into the hands of carry out the expressed will of Congress, acting within
unelected federal bureaucrats (who answer to no voter members’ constitutional authority, made known by
ever), a process which meets the textbook definition of enacted law.
tyranny. A Congressional Term Limits amendment is a wolf in
Proponents of a Congressional Term Limits sheep's clothing, which cannot restore limited
amendment seek to restrict voters’ voices, diminishing government, because attacking irrelevant symptoms
Legislative Representation, to reach an insignificant will never restore limited government.
secondary issue (the number of available terms), We must quit living in a fantasyland, naively believing
hoping that by indiscriminately pushing out good in fairies and fairy tales.
members along with the bad, that limited government
may prevail, simply because nothing else has yet A Congressional Term Limits amendment
proven adequate to the task. imprudently buys into the false argument that those
persons who win elections (or, even worse, those
While it is perhaps understandable that desperate merely appointed to political office) may steer
people attempt desperate measures, the critical American government in a direction wholly of their
problem is not *who* happens to exercise positions of own choosing, even away from the Constitution.
essentially unlimited legislative powers — the critical
problem is this supposed ability of members of No good can ever come from any tactic which accepts
Congress (and federal officials) to largely do as they that false premise, including the Congressional Term
please. Limits amendment.
Working to weaken U.S. Representatives and U.S. Neither can one accept present-day conditions as the
Senators, at least without first removing illegitimate proper starting place for needed reform, casting our
power from executive and judicial officers, will only hope on anything that promises to be better than our
make the latter more powerful, playing right into the current condition, for one cannot concede to and
hands of millions of those people appointed to accept 200 years of evil corruption that is turning

The Beacon SpotLight: Issue 28: Page 2


American government inside-out and upside-down. Americans truly wanting to know how to end the false
First, we must right the sinking ship, by exposing the reign of “bad” members of Congress and federal
lies which are currently viewed as gospel truth. officials may see any of the author’s 12 public domain
Don’t listen to those who claim magical powers for books, all freely available electronically online, at
direct exercise throughout the Union, for they are only www.PatriotCorps.org and a number of public
accomplished con men and practiced illusionists, who websites (including www.Archive.org,
claim they are all-powerful genies and magical wizards. www.Scribd.com, and www.Issuu.com).

Instead, follow the lead of the small dog with a little For those preferring non-fiction, perhaps start with
brain, but who nevertheless trusts his powerful nose, “Two Hundred Years of Tyranny,” and those who like
and sniff out the source of the putrid stench that fiction, may start with “Trapped by Political Desire:
emanates from behind the curtain. Pull back the The Treatise” (those wanting the easiest reading of the
curtain, and then bark like crazy, to expose the fraud, novels may want to try “Fighting Back against The
to anyone who can learn to ignore the wizard who Decree of ‘33”).
frantically begins to proclaim “Pay no attention to the
man behind the curtain.”
It is important to cast one’s entire attention to the
events transpiring behind the curtain, and seek to
realize the important ramifications of the grand
illusion that have been believed for far too long.
A ratified Congressional Term Limits amendment
would diminish Legislative Representation, to treat an
irrelevant symptom (*who* exercises unlimited
powers) so that the fundamental problem (the
*amount of power* members may exercise) may be
wholly ignored.
No amendment which fails to directly counter the
exercise of inherent power by federal servants, which
instead only attacks irrelevant symptoms, will ever be
up to the task.
A Congressional Term Limits amendment is a bad
idea, recommended by well-intentioned but misguided
patriots, who are throwing darts at a wall, to see what
will stick, without concern for all the holes that are
developing on the beautiful and historic wall, that lay
behind the missed dartboard.
Instead, patriots need to exert directed effort towards
learning how members of Congress and federal
officials have curiously been able to bypass their
normal parameters under the Constitution, with
impunity. By doing so, they will see that a forced
cycling out of all members of Congress would
ultimately do more harm than good.
The Beacon SpotLight: Issue 28: Page 3

Released into the Public Domain


by Matt Erickson
February 18, 2022

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