INDEPENDENCE ISSUE PAPER Issue Paper #10-90 July 1990 LIMIT TERMS, EXPAND DEMOCRACY By Mike Kelly INDEPENDENCE INSTITUTE 14142 DENVER WEST PARKWAY, SUITE 185 GOLDEN, COLORADO 80401 (303) 279-6536 FAX (303) 279-4176 Note: The Independence Issue Papers are published for educational purposes only, and the authors speak for themselves, Nothing written here is to be construed as necessarily representing the views of the Independence Institute, or as an attempt to influence any election or legislative action.10-90 duly 18, 1990 LIMIT TERMS, EXPAND DEMOCRACY by Mike Kelly Introduction Perhaps the most interesting political issue in Colorado and in America in 1990 didn't originate with politi- cians. It is directed at them. Term limitation could become in the 1990s what tax limitation was in the 1970s... a popular movement politicians abhor, but one to which they must respond. Term limits -- for U.S. senators and congressmen, at least -- are popular with the electorate. A Gallup Poll released in January, 1990, showed that 70 percent of Americans support them. About the only major group that op- poses them is incumbent officeholders. The Gallup survey also interviewed 302 state legislators, 158 congress- men, and 21 U.S. senators. Fifty- seven percent of the senators, but only 41 percent of state legislators, and 34 percent of congressmen, favored term limits for federal lawmakers. Nationally, a group called Americans to Limit Congressional Terms (ALCT) was formed in February, 1990 to push for an amendment ‘to the U.S. Con- stitution to limit the tenure of U.S. senators and representatives to 12 consecutive years. Term limitation is not without some support in Congress. Bills to impose a (Continued on Page 2) In Brief, Seventy percent of Americans support limiting the terms of federal legisla- tors, yet less than half the lawmakers do. ‘In Colorado, petitions are circu- lating to put a constitutional amend- ment on the Novenber ballot which would limit the terms of elected state and federal lawmakers from Colorado. The limits vary from 8 to 12 years, depend- ing on the offices those prevented from running could seek any other office, or could wait four years and run again for the same office. The paper lists various objections to the proposal, and counters them. These ‘include: * Term limits aren't needed. In fact, incumbents are overwhelmingly — re~ elected -- turnover is often due to death, retirement, or indictment. * Term limits are unconstitutional. In this grey area of Taw, several indica~ tions suggest that limits are consti- tutional. oe * Term limits would put Colorado_at_a disadvantage relative to other states. With more than two-thirds of Americans favoring the proposal, it is likely other states will follow suit. Advantages would include: * Term limitation is another way to Limit the power of government. * The ability of lawmakers will become more important. * It will make elections more competi- tive.12-year limit on congressional tenure have been introduced in the Senate by Sens. Dennis DeConcini (D-AZ) and Gordon Humphrey (R-NH), and nine different bills have been introduced in the House. But recognizing that it is most unlikely that a two-thirds majority in Con- gress will vote to limit their own terms, ALCT is focusing on the alternative method provided for amending the Constitution -- a Constitutional Convention called by the legislatures of two-thirds of the states. ALCT claims some success. Since its term limit campaign began, Utah and South Dakota have passed an ALCT resolution calling for a Constitutional Amendment. to limit Congressional tenure. But this slope is slippery and steep. No Constitutional Convention has ever been called, although proposals to require balanced federal budgets and to permit prayer in public schools came close. Many legislators who might otherwise be sympathetic to term limits for federal lawmakers are daunted by fears, real and Ae erg eae iT gC Oe oe eo a ea aga iberties. THE COLORADO PROPOSAL In Colorado, state Sen. Terry Considine (R-Englewood) is trying a different tack. He has formed a nonpartisan citizen's organization, Coloradans to Limit Terms, (CLT) which is trying to put on the November ballot a proposed amendment to the Colorado Constitution to: -- Limit the tenure of Colorado's U.S. senators and representatives to 12 consecutive years in the same office. -- Limit the Governor and state executive officers to two consecutive four-year terms. -- Limit state legislators to eight consecutive years in the same office. The term limits are prospective. All candidates elected in 1990 would be treated as if they had been elected for the first time. The state term limits would go into effect in 1998. The federal limits would begin in 2002. An officeholder barred by term limits from seeking re-election would be free to seek a different office, or could seek the office formerly held after a four-year break in service. CLT needs to gather 50,668 valid signatures on its petitions by August 6 in order to win a place on the ballot for its term limit initiative. It appears likely the goal will be achieved. As of June 20, CLT had collected 30,867 signatures, has 2,700 volunteers circulating petitions, and a potential maximum of 145,000 signatures if all the petitions currently being circulated are filled out and turned in. What is most interesting in the CLT proposal is the attempt to impose limits on the tenure of the state's federal officeholders. No state has ever attempted to do this before. Considine says his approach obviates the dangers of a “runaway Convention."