Category: term limits

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initiative, referendum, and recall term limits

To Do Item #1

It’s been a while.

In the early 1990s, citizens in a slew of states succeeded in term-limiting their state legislators. In a few of those states, politicians or the courts managed to kill the term limits despite the popular support for them. Nevertheless, today 15 state legislatures are term-limited.

The last legislature to be term-limited was that of Nebraska, where voters imposed two-term (or eight-year) limits on their unicameral legislature in 2000.

Since then, progress has been slower than we’d like. 

Why? Because many politicians work so very hard to keep term limits from being established. Their dastardly tactics include undermining the right of citizen initiative where it exists and blocking statewide citizen initiative rights from being enacted in states that currently lack such rights.

Now North Dakota is about to show us how limiting terms gets done: with the help of widespread public support and dedicated signature gatherers.

A term limits measure has been approved for distribution by North Dakota’s secretary of state. Petitioners need to collect more than 31,000 valid signatures in order to get a constitutional term limits question on the November 2022 ballot.

If the amendment gets to the ballot, it will pass. If it is passed, it will establish term limits of eight years on state representatives, state senators, and the governor. And lawmakers would be barred from proposing a change or repeal of the term limits themselves — only citizens through the initiative process could do so.

Signatures first. 

Maybe yours. If you live in North Dakota, you know what to do.

This is Common Sense. I’m Paul Jacob.

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insider corruption term limits

A Plutocrat’s Expensive Friend

Larry Householder, Ohio

An “expensive friend” — in documents obtained by federal prosecutors, that’s how former FirstEnergy CEO Chuck Jones sized up former Ohio Speaker of the House Larry Householder.

What made the Speaker so Big Ticket?

“Republican Larry Householder hatched a plan to cement his hold on power for an additional 16 years,” The Columbus Dispatch reported, “and Akron-based FirstEnergy Corp. invested $2 million into the effort.”

Their scheme?

Petition a citizen initiative onto the ballot to slap lifetime term limits on legislators, rather than the current eight-year consecutive limits, as bait to hook pro-limits voters — emphasizing this toughening part, while hiding the fact that the eight-year limits in each chamber would be doubled to a 16-year limit in either.

The initiative would also set a brand-new clock, wiping out all past service so that Householder could command the House, uninterrupted, for 16 more years. 

“He told me he’ll retire from [the House],” Jones joked with an associate, “but get a lot done in 16 more years.”

The pandemic stopped Householder’s scam. And then, last July, the FBI dropped the other shoe, arresting him for racketeering. Now awaiting trial, Householder has been pushed out as Speaker and then expelled from the House completely — the first time in over 150 years.

FirstEnergy fired CEO Jones — who, according to The Washington Post, “prosecutors continue to investigate” for his “involvement in a $60 million bribery scheme secretly funded by the company to win a $1 billion legislative bailout.”

Mr. Householder never liked term limits, but his corrupt attempts to thwart them serve as evidence of their importance.

This is Common Sense. I’m Paul Jacob.

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term limits

Senatorial Senility

“We have the oldest Senate in American history,” Roxanne Roberts writes in The Washington Post. 

Roberts rattles off the five octogenarians — Sen. Diane Feinstein (D-Calif.), age 88; Sen. Charles Grassley (R-Iowa), age 87; Richard Shelby (R-Ala.), age 87; Sen. James Inhofe (R-Okla.), age 86; and Sen. Pat Leahy (D-Vt.), age 81 — and tells us that “Twenty-three members of the Senate are in their 70s,” noting that “only one is under 40.”

That fledgling 34-year-old whippersnapper is newly elected Georgia Democrat Jon Ossoff. But being 30 years younger than the current Senate average doesn’t make him better, that’s for sure.

Age isn’t the problem. Not exactly.

My issue with octogenarian Senators Feinstein, Grassley, Shelby, Inhofe and Leahy is that they’ve been politicians in Washington for the last 28, 40, 43, 34, and 46 years, respectively.

That’s way too long. They stop being one of us, representing us. And, left, right or in-between, we know it.

“Senior senators often stay for decades,” Roberts argues, “because voters are reluctant to give up the perks of incumbency: Seniority, committee chairmanships and all the money poured into their states.”

Ha! The idea that actual voters are unwilling to “give up the perks of incumbency” is laughable. It’s the incumbents themselves who leverage their votes in Congress to dramatically out-fundraise their challengers. 

Voters rarely get much choice.

No wonder, then, that when people got a chance to vote to term-limit their own congressmen — they did so enthusiastically. 

President Truman once quipped that legislative term limits would help “cure senility, and seniority — both terrible legislative diseases.” He understood that the Senate’s age problem is not time on the planet. It is the time in office.

This is Common Sense. I’m Paul Jacob.

* Another example was the late Sen. Thad Cochran, who thankfully decided to step down in 2018 — at 80 years of age after 44 years in Congress — none too soon.

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You’re Sued!

Arkansas, term limits

Firing politicians is what democracy’s all about.

But politicians don’t like being fired. Even when “You’re fired!” is a signature line. It definitely explains why incumbents tend to oppose term limits. 

As shown in the long history of term limits in my home state, Arkansas. 

In 1992, an all-volunteer petition drive placed the initiative on the ballot and a grassroots campaign beat the Good Ole Boy network and their $500,000 in paid media warnings of “outsiders.” 

The victory sent shockwaves through the Arkansas political establishment; term limits received more YES votes than President-Elect Bill Clinton had garnered in his home state.

Arkansas pols have been at war with term limits ever since. The latest assault came in April, when legislators passed an “emergency” measure now known as Act 951. 

The Act bans people found guilty of minor misdemeanors (trespassing, vandalism, any violation of drug laws) at any time in their lives — even many decades ago — from working as paid petitioners. The new law also limits the pool of petitioners to state residents, something not done for any other political job, or for those carrying Arkansas’s candidate petitions.*

That’s why Arkansas Term Limits, Liberty Initiative Fund, U.S. Term Limits, et al., filed a complaint in the federal Eastern District of Arkansas alleging constitutional rights violations under the legislature’s Act 951. 

“I was never a supporter of term limits until this bunch got in office,” offered Arkansas Times editor Max Brantley in response to our lawsuit, “and gave themselves essentially unlimited terms and set about running roughshod over human rights.”

Cries of “You’re fired!” are coming soon. But first, to pry back petition rights in Arkansas, the catchphrase is, “You’re sued!”

This is Common Sense. I’m Paul Jacob. 

* In recent years, similar residency requirements have been unanimously struck down in rulings of the 4th, 6th, 7th, 9th and 10th federal Circuit Courts of Appeal. Earlier this year, a federal judge enjoined enforcement of Maine’s similar law.

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meter / JG

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local leaders term limits

Term Limits Trek

Izzy, term limits

Izzy Israel lost his job. He had been working in Nashville’s music industry, but the coronavirus pandemic upset those plans. In the induced depression of the pandemic lockdowns, he decided to try to make a wider impact. He went walkabout.

Or, more properly, trek.

He set out to walk from the Florida Keys across country to Cape Flattery in Washington State . . . for a cause.

The cause?

Term limits. “We have people in Congress that are making policies and laws for their entire lifetimes,” he argues. “I think that’s highly corruptible. Big money is guiding our policies. You can see it. I think it’s time for term limits and I wanted to be a part of that change.”

According to the account in Alabama’s Pike County newspaper, The Messenger (troymessenger.com), “He began his cross-nation odyssey on Dec. 22, 2020, and hiked up the Florida panhandle solo until he reached Tallahassee. While generating some publicity for his cause, he attracted the attention of the national organization, U.S. Term Limits.”

Specifically, my old colleague Jeff Tillman.

“Once I met this guy,” Jeff says of Izzy, “I was amazed at how dedicated he was.”

The Messenger goes on to relate how Tillman’s support has made Izzy’s long march for limits on politicians easier and more effective.

Izzy points out that Congress is “having a hard time” term-limiting “itself.” Thankfully, explains Jeff, the Constitution provides a path for 34 states (two thirds) to call a convention to propose an amendment, bypassing Congress.

Four states — Alabama, Florida, Missouri, West Virginia — have passed an application for the single-subject convention advocated by U.S. Term Limits. Another 15 states have passed calls for a multi-subject convention, which includes term limits.

Let’s . . . enact some Common Sense. I’m Paul Jacob.

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judiciary term limits

Term Limits or Death?

Supreme Court, packing

“The only responsible choice for Justice Breyer is to immediately announce his retirement,” contends Brian Fallon, executive director of Demand Justice, “so President Biden can quickly nominate the first-ever Black woman Supreme Court justice.”

Not merely pushing identity politics, Fallon is warning of the risk of “Democrats losing control of the Senate before a Biden nominee can be confirmed.” 

No retirement announcement yet from 82-year-old Stephen Breyer, who recently advised Democrats against court-packing. Having served on the High Court for the last 27 years, he is the oldest justice and second-longest serving.* 

“Democrats’ fears about Breyer come after [Justice Ruth Bader] Ginsburg refused to heed calls from liberals and former President Barack Obama to step down,” notes Forbes, “which ultimately resulted in Trump appointing conservative-leaning Justice Amy Coney Barrett to succeed her when Ginsburg died in September.” 

It is painfully obvious: life terms at the highest court have produced gamesmanship — not on the Court, mind you, but in Congress, that cesspool of even longer tenure where our supposed representatives do anything but.

And why allow personal circumstances or the vagaries of death to decide such potentially critical matters in our republic? 

To prevent politicians from politicizing the Supreme Court of the United States, put the number of justices (9) into the Constitution and term-limit those justices to a single 18-year term. No renomination. With nine justices, cycle one out and a new one in every two years. 

There are other matters to consider and settle. Do so in constitutional form, so the whole country is engaged and the Court is hereafter more secure and independent of that branch most in need of term limits.

This is Common Sense. I’m Paul Jacob.

 * On the all-time Supreme Court longevity list, Breyer thus lags ten places behind Justice Clarence Thomas, who has served 10,767 days on the court and currently ranks 16th.

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