Introduction
Term limits are perhaps the most far-reaching change in state legislaturesin recent decades. If we find that theyhurt the quality of representation,states may want to rethink them. Butif we find that term limits, on bal-ance, are beneficial, it might per-suade some additional states toenact them.
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Richard NiemiUniversity of RochesterThe term limits
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movement is one of themost successful grassroots political efforts inU.S. history. From 1990 to 1995 legislativeterm limits passed in 18 states with an aver-age of 68 percent voter support.
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InNovember 2000 Nebraska became the 19thstate to limit the terms of state legislators.
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By the end of 2000 term limits had affectedmore than 700 legislative seats. However,only 11 states (California, Maine, Colorado,Arkansas, Michigan, Oregon, Arizona,Montana, South Dakota, Ohio, and Florida)have actually put term limits into practiceduring the past five years. The last five ofthose states did not come on board until lastyear. A further seven states (Missouri, Idaho,Oklahoma, Utah, Wyoming, Louisiana, andNevada) will put term limits into effect by2008. Term limits in the states have had abroad but unknown impact. For that reason,this paper seeks to assess the measurableeffects of state term limits in light of theintentions of their proponents.Term limits continue to be opposed by amajority of politicians
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and by a majority ofthe legislative staff, bureaucrats, journalists,and interest groups that depend on politi-cians for employment, patronage, sources,and votes. Interest groups (especially large,heavily regulated corporations as well asunions that rely on government interventionin the labor market) view term limits asanathema to their interests.
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A 1990 survey of302 state legislators found only 41 percent infavor of term limits.
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Inside the Beltway, the
Washington Post
regularly editorializes to theeffect that “term limits are a terrible idea.”
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On the West Coast, the
San Francisco Chronicle
concluded that “term limits at the legislativelevel have ill-served California.”
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Yet, despite asteady onslaught of negative commentaryemanating from the political and mediaestablishments, public opinion remainssolidly in favor of term limits.
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During lastyear’s elections, local term limits passed inCalifornia, Florida, Maryland, and NewMexico, adding to the total of nearly 3,000municipal offices and more than 17,000 localpoliticians already subject to term limits.On March 23, 1998, the U.S. SupremeCourt let stand term limits for California’sstate legislators, ensuring the survival ofcomparable term limit provisions in otherstates.
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That decision permitted ongoingtesting of the hypothesis that “there are sys-temic explanations . . . for our collectivewoes.”
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Almost 11 years after the passage ofthe first term limit provisions, researchers arenow able to move, albeit cautiously, fromspeculation to analysis. Caution is warrant-ed, given the well-documented difficulty intracking the effects of term limits. After all,“even in states like Maine and California thathave been under term limits for a few years,they’re in . . . a transition period right now.”
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Research and analysis are complicated by thedifferent influences of term limits on therespective state legislatures and by a variety ofcompounding factors, including the vagariesof term limit legislation and the differencesbetween so-called citizen and professionallegislatures. Therefore, it is apparent thatterm limits will produce different outputs indifferent states.
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Bruce E. Cain and Marc A.Levin note that “term limits vary in featuresthat may have causal significance.” Theysummarize:Most important, there are variationsin the length of the limits imposed,ranging from 6 to 12 years. Shorterterms . . . should have more pro-nounced effects than longer ones.
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Despite a steadyonslaught of neg-ative commentaryemanating fromthe political andmedia establish-ments, publicopinion remainssolidly in favor ofterm limits.
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