term limits
A term limit is a legal restriction that limits the number of terms an officeholder may serve in a particular elected office. When term limits are found in presidential and semi-presidential systems they act as a method of curbing the potenti ...
, also referred to as ''rotation in office'', restrict the number of terms of office an officeholder may serve. At the
federal
Federal or foederal (archaic) may refer to:
Politics
General
*Federal monarchy, a federation of monarchies
*Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
president of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
to two four-year terms.
State government
A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, or ...
offices in some, but not all, states are term-limited, including executive, legislative, and judicial offices.
Historical background
The Constitution
Term limits can date back to the American Revolution, and prior to that to the democracies and republics of antiquity. The
council of 500
The Council of Five Hundred (''Conseil des Cinq-Cents''), or simply the Five Hundred, was the lower house of the legislature of France under the Constitution of the Year III. It existed during the period commonly known (from the name of the e ...
in
ancient Athens
Athens is one of the oldest named cities in the world, having been continuously inhabited for perhaps 5,000 years. Situated in southern Europe, Athens became the leading city of Ancient Greece in the first millennium BC, and its cultural achieve ...
rotated its entire membership annually, as did the
ephor
The ephors were a board of five magistrates in ancient Sparta. They had an extensive range of judicial, religious, legislative, and military powers, and could shape Sparta's home and foreign affairs.
The word "''ephors''" (Ancient Greek ''ép ...
ate in ancient
Sparta
Sparta ( Doric Greek: Σπάρτα, ''Spártā''; Attic Greek: Σπάρτη, ''Spártē'') was a prominent city-state in Laconia, in ancient Greece. In antiquity, the city-state was known as Lacedaemon (, ), while the name Sparta referre ...
. The ancient
Roman Republic
The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kin ...
featured a system of elected magistrates—tribunes of the
plebs
In ancient Rome, the plebeians (also called plebs) were the general body of free Roman citizenship, Roman citizens who were not Patrician (ancient Rome), patricians, as determined by the capite censi, census, or in other words "commoners". Both ...
,
aediles
''Aedile'' ( ; la, aedīlis , from , "temple edifice") was an elected office of the Roman Republic. Based in Rome, the aediles were responsible for maintenance of public buildings () and regulation of public festivals. They also had powers to enf ...
,
quaestors
A ( , , ; "investigator") was a public official in Ancient Rome. There were various types of quaestors, with the title used to describe greatly different offices at different times.
In the Roman Republic, quaestors were elected officials who ...
,
praetors
Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge vario ...
, and
consuls
A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
—who served a single term of one year, with re-election to the same magistracy forbidden for ten years ''(see
cursus honorum
The ''cursus honorum'' (; , or more colloquially 'ladder of offices') was the sequential order of public offices held by aspiring politicians in the Roman Republic and the early Roman Empire. It was designed for men of senatorial rank. The '' ...
)''. According to
historian
A historian is a person who studies and writes about the past and is regarded as an authority on it. Historians are concerned with the continuous, methodical narrative and research of past events as relating to the human race; as well as the stu ...
Garrett Fagan, office holding in the Roman Republic was based on "limited tenure of office" which ensured that "authority circulated frequently", helping to prevent
corruption
Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
. An additional benefit of the ''cursus honorum'' or ''Run of Offices'' was to bring the "most experienced" politicians to the upper echelons of power-holding in the ancient republic. Many of the founders of the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
were educated in the classics, and quite familiar with rotation in the office during antiquity. The debates of that day reveal a desire to study and profit from the object lessons offered by ancient democracy.
Prior to independence, several colonies had already experimented with term limits. The
Fundamental Orders of Connecticut
The Fundamental Orders were adopted by the Connecticut Colony council on . The fundamental orders describe the government set up by the Connecticut River towns, setting its structure and powers. They wanted the government to have access to the op ...
of 1639, for example, prohibited the colonial governor from serving consecutive terms by setting terms at one year's length and holding "that no person be chosen Governor above once in two years." Shortly after independence, the
Pennsylvania Constitution of 1776
The Pennsylvania Constitution of 1776 (ratified September 28, 1776) was the state's first constitution following their declaration of independence and has been described as the most democratic in America; although it notably based rights in "men" ...
set maximum service in the
Pennsylvania General Assembly
The Pennsylvania General Assembly is the legislature of the U.S. commonwealth of Pennsylvania. The legislature convenes in the State Capitol building in Harrisburg. In colonial times (1682–1776), the legislature was known as the Pennsylvania ...
at "four years in seven".
Benjamin Franklin
Benjamin Franklin ( April 17, 1790) was an American polymath who was active as a writer, scientist, inventor, statesman, diplomat, printer, publisher, and political philosopher. Encyclopædia Britannica, Wood, 2021 Among the leading inte ...
's influence is seen not only in that he chaired the constitutional convention which drafted the Pennsylvania constitution, but also because it included, virtually unchanged, Franklin's earlier proposals on executive rotation. Pennsylvania's plural executive was composed of twelve citizens elected for the term of three years, followed by a mandatory vacation of four years.
The
Articles of Confederation
The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
, adopted in 1781, established term limits for the delegates to the
Continental Congress
The Continental Congress was a series of legislative bodies, with some executive function, for thirteen of Britain's colonies in North America, and the newly declared United States just before, during, and after the American Revolutionary War. ...
, mandating in Article V that "no person shall be capable of being a delegate for more than three years in any term of six years."
On October 2, 1789, the Continental Congress appointed a committee of thirteen to examine forms of government for the impending union of the states. Among the proposals was that from the State of
Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
, written by
Thomas Jefferson
Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 18 ...
, urging a limitation of tenure, "to prevent every danger which might arise to American freedom by continuing too long in office the members of the Continental Congress". The committee made recommendations, which as regards congressional term limits were incorporated unchanged into the
Articles of Confederation
The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
(1781–89). The fifth Article stated that "no person shall be capable of being a delegate o the continental congressfor more than three years in any term of six years".
Philadelphia
Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
omitted mandatory term limits from the
U.S. Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
of 1789. At the convention, some delegates spoke passionately against term limits such as
Rufus King
Rufus King (March 24, 1755April 29, 1827) was an American Founding Father, lawyer, politician, and diplomat. He was a delegate for Massachusetts to the Continental Congress and the Philadelphia Convention and was one of the signers of the Unit ...
, who said "that he who has proved himself to be most fit for an Office, ought not to be excluded by the constitution from holding it." The Electoral College, it was believed by some delegates at the convention, could have a role to play in limiting unfit officers from continuing.
When the states ratified the Constitution (1787–88), several leading statesmen regarded the lack of mandatory limits to tenure as a dangerous defect, especially, they thought, as regards the presidency and the Senate.
Richard Henry Lee
Richard Henry Lee (January 20, 1732June 19, 1794) was an American statesman and Founding Father from Virginia, best known for the June 1776 Lee Resolution, the motion in the Second Continental Congress calling for the colonies' independence from ...
viewed the absence of legal limits to tenure, together with certain other features of the Constitution, as "most highly and dangerously oligarchic". Both Jefferson and
George Mason
George Mason (October 7, 1792) was an American planter, politician, Founding Father, and delegate to the U.S. Constitutional Convention of 1787, one of the three delegates present who refused to sign the Constitution. His writings, including s ...
advised limits on re-election to the Senate and to the Presidency, because said Mason, "nothing is so essential to the preservation of a Republican government as a periodic rotation". The historian
Mercy Otis Warren
Mercy Otis Warren (September 14, eptember 25, New Style1728 – October 19, 1814) was an American activist poet, playwright, and pamphleteer during the American Revolution. During the years before the Revolution, she had published poems and pla ...
, warned that "there is no provision for a rotation, nor anything to prevent the perpetuity of office in the same hands for life; which by a little well-timed bribery, will probably be done".
Presidential term limits 1789-1952
says
George Washington
George Washington (February 22, 1732, 1799) was an American military officer, statesman, and Founding Father who served as the first president of the United States from 1789 to 1797. Appointed by the Continental Congress as commander of th ...
did not set the informal precedent for a two-term limit for the Presidency. He only meant he was too worn out to personally continue in office. It was Thomas Jefferson who made it a principle in 1808. He made many statements calling for term limits in one form or another.
The two-term limit tradition was maintained for 132 years. It was unsuccessfully challenged by Ulysses Grant in 1880, Theodore Roosevelt in 1912, and Woodrow Wilson in 1920.
Franklin D. Roosevelt
Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
successfully broke it in 1940, citing the outbreak of
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. The two Roosevelts are the only presidents to run for a third term in a general election; Grant and Wilson only sought to gain their parties’ nomination. Franklin Roosevelt was re-elected in 1944 for a fourth term amidst the United States’ engagement in World War II, but died shortly afterwards in office. The
22nd Amendment
The Twenty-second Amendment (Amendment XXII) to the United States Constitution limits the number of times a person is eligible for election to the office of President of the United States to two, and sets additional eligibility conditions for ...
to the U.S. Constitution was ratified in 1951 formally establishing in law the two-term limit—although it did not apply to the incumbent Harry S Truman, Franklin Roosevelt’s successor. Truman declined to run for a third term in 1952.
The fact that "perpetuity in office" was not approached until the 20th century is due in part to the influence of rotation in office as a popular 19th-century concept. "Ideas are, in truth, forces", and rotation in office enjoyed such normative support, especially at the local level, that it altered political reality.
During the
US Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
, the
Constitution of the Confederate States
The Constitution of the Confederate States was the supreme law of the Confederate States of America. It was adopted on March 11, 1861, and was in effect from February 22, 1862, to the conclusion of the American Civil War (May 1865). The Confede ...
limited its president to a single six-year term. Only
Jefferson Davis
Jefferson F. Davis (June 3, 1808December 6, 1889) was an American politician who served as the president of the Confederate States from 1861 to 1865. He represented Mississippi in the United States Senate and the House of Representatives as a ...
served as Confederate president, and he did not complete a full term in office before surrendering to the Union.
Era of incumbency
The practice of nomination rotation for the House of Representatives began to decline after the Civil War. It took a generation or so before the direct primary system, civil service reforms, and the ethic of professionalism worked to eliminate rotation in office as a common political practice. By the turn of the 20th century the era of incumbency was coming into full swing.
A total of 8 presidents served two full terms and declined a third and three presidents served one full term and refused a second. After
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
, however, an officeholder class had developed to the point that congressional tenure rivaled that of the
U.S. Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, where tenure is for life.
Term limits movement
A movement in favor of term limits took hold in the early 1990s, and reached its apex in 1992-94, a period when 17 states enacted term limits through state legislation or state constitutional amendments.John M. Carey, Richard G. Niemi & Lynda W. Powell, ''Term Limits in State Legislatures'' (University of Michigan Press: 2009), pp. 1-2.
Many of the laws enacted limited terms for both the state legislature and in the state's delegation to Congress; as they pertain to Congress, these laws were struck down as unconstitutional by U.S. Supreme Court in ''
U.S. Term Limits, Inc. v. Thornton
''U.S. Term Limits, Inc. v. Thornton'', 514 U.S. 779 (1995), is a landmark U.S. Supreme Court decision in which the Court ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those the Constitut ...
'' (1995), in which the court ruled, on a 5–4 vote, that state governments cannot limit the terms of members of the national government.
Where rotation in the legislative branch has withstood court challenges, term limits continue to garner popular support. As of 2002, the advocacy group "
U.S. Term Limits
U.S. Term Limits is a non-profit, non-partisan grassroots organization dedicated to enacting term limits for elected officials at every level of government in the United States. It was founded in 1992, and claims to have helped facilitate more ...
" found that in the 17 states where state legislators served in rotation, public support for term limits ranged from 60 to 78 percent.
Federal term limits
Term limits at the federal level are restricted to the executive branch and some agencies. Judicial appointments at the federal level are made for life, and are not subject to election or to term limits. The U.S. Congress remains (since the Thornton decision of 1995) without electoral limits.
President
George Washington's decision in 1796 not to run for a third term has often been given credit as the start of a tradition that no president should ever run for a third term. Washington wanted to retire when his first term ended in 1792 but all his advisors begged him to stand for re-election. By 1796, he insisted on retiring, for he felt exhausted, and was disgusted with the virulent personal attacks on his integrity. His Farewell Address very briefly mentioned why he would not run for a third term, and goes on to give a great deal of political advice, but it does not mention term limits. After his death, his refusal to run was explained in terms of a "no-third-tradition". argues, "The argument for term limits has a solid and respectable pedigree. Contrary to popular belief, however, that pedigree does not begin with George Washington." The second president,
John Adams
John Adams (October 30, 1735 – July 4, 1826) was an American statesman, attorney, diplomat, writer, and Founding Fathers of the United States, Founding Father who served as the second president of the United States from 1797 to 1801. Befor ...
, lost re-election in 1800 to Thomas Jefferson. Jefferson himself declined re-election to a third term, attributing the precedent to Washington.
In the 1780s, about half the states provided term limits for governors. The Constitutional convention of 1787 discussed the issue and decided not to institute presidential term limits. "The matter was fairly discussed in the Convention," Washington wrote in 1788, "and to my full convictions <…> I can see no propriety in precluding ourselves from the services of any man, who on some great emergency shall be deemed universally, most capable of serving the Public", even after serving two terms. The Constitution, Washington explained, retained sufficient checks against political corruption and stagnant leadership without a presidential term limits provision. Jefferson, however, strongly endorsed a policy of term limits. He rejected calls from supporters that he run for a third term in 1808, telling several state legislatures in 1807-1808 that he needed to support "the sound precedent set by isillustrious predecessor."
In 1861, the
Confederate States of America
The Confederate States of America (CSA), commonly referred to as the Confederate States or the Confederacy was an unrecognized breakaway republic in the Southern United States that existed from February 8, 1861, to May 9, 1865. The Confeder ...
adopted a six-year term for their president and vice president and barred the president from seeking re-election. That innovation was endorsed by many American politicians after the Civil War, most notably by
Rutherford B. Hayes
Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was an American lawyer and politician who served as the 19th president of the United States from 1877 to 1881, after serving in the U.S. House of Representatives and as governor ...
in his inaugural address. Ulysses Grant was urged to run for a third term in 1876, but he refused. He did try to win the 1880 nomination, but was defeated in part because of popular anti-third-term sentiment.
Theodore Roosevelt
Theodore Roosevelt Jr. ( ; October 27, 1858 – January 6, 1919), often referred to as Teddy or by his initials, T. R., was an American politician, statesman, soldier, conservationist, naturalist, historian, and writer who served as the 26t ...
had already served over 7 years and in 1912, after a four-year hiatus, ran for a third term. He was violently criticized and was almost killed by
John Flammang Schrank
On October 14, 1912, former saloonkeeper John Flammang Schrank (1876–1943) attempted to assassinate former U.S. President Theodore Roosevelt while he was campaigning for the presidency in Milwaukee, Wisconsin. Schrank's bullet lodged in Roos ...
for doing so. The 1912 election was ultimately won by
Woodrow Wilson
Thomas Woodrow Wilson (December 28, 1856February 3, 1924) was an American politician and academic who served as the 28th president of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the president of ...
.
Franklin D. Roosevelt
Franklin Delano Roosevelt (; ; January 30, 1882April 12, 1945), often referred to by his initials FDR, was an American politician and attorney who served as the 32nd president of the United States from 1933 until his death in 1945. As the ...
(president, 1933–1945) was the only president to be elected more than twice, having won a third term in 1940 and a fourth term in 1944 (though he died in office three months into his fourth term). This gave rise to a successful move to formalize the traditional two-term limit by amending the
U.S. Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
. As ratified in 1951, the Twenty-Second Amendment provides that "no person shall be elected to the office of President more than twice". The new Amendment explicitly did not apply to the incumbent president,
Harry S. Truman
Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. A leader of the Democratic Party, he previously served as the 34th vice president from January to April 1945 under Franklin ...
. However, Truman declined to seek re-election to a third term in 1952.
Congress
Reformers during the early 1990s used the initiative and referendum to put congressional term limits on the ballot in 24 states. Voters in eight of these states approved the congressional term limits by an average electoral margin of two to one. It was an open question whether states had the constitutional authority to enact these limits. In May 1995, the U.S. Supreme Court ruled 5–4 in ''
U.S. Term Limits, Inc. v. Thornton
''U.S. Term Limits, Inc. v. Thornton'', 514 U.S. 779 (1995), is a landmark U.S. Supreme Court decision in which the Court ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those the Constitut ...
'', , that states cannot impose term limits upon their
federal
Federal or foederal (archaic) may refer to:
Politics
General
*Federal monarchy, a federation of monarchies
*Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
Republican platform
Republican Platform ( uk, Республіканська платформа) is a political party in Ukraine. It was the first registered political party in Ukraine, created on November 5, 1990U.S. Term Limits
U.S. Term Limits is a non-profit, non-partisan grassroots organization dedicated to enacting term limits for elected officials at every level of government in the United States. It was founded in 1992, and claims to have helped facilitate more ...
, the largest private organization pushing for congressional term limits. The bill got only a bare majority (227–204), falling short of the two-thirds majority (290) needed for constitutional amendments. Three other term limit amendment bills failed to get more than 200 votes.
Defeated in Congress and overridden by the Supreme Court, the federal term limit movement was brought to a halt. The term limits intended simultaneously to reform state legislatures (as distinguished from the federal congressional delegations) remain in force, however, in fifteen states.
In 2007
Larry J. Sabato
Larry Joseph Sabato (; born August 7, 1952) is an American political scientist and political analyst. He is the Robert Kent Gooch Professor of Politics at the University of Virginia, where he is also the founder and director of the Center for P ...
revived the debate over term limits by arguing in ''
A More Perfect Constitution
''A More Perfect Constitution'' is a book published by American political scientist at the University of Virginia, Larry J. Sabato, in which he proposes a constitutional convention to substantially overhaul the United States Constitution. He poin ...
'' that the success and popularity of term limits at the state level suggests that they should be adopted at the federal level as well. He specifically put forth the idea of congressional term limits and suggested a national constitutional convention be used to accomplish the amendment, since the Congress would be unlikely to propose and adopt any amendment that limits its own power.
Some state legislators have also expressed their opinions on term limits. It is confirmed that in the following five states—and there may be others—state lawmakers approved resolutions asking Congress to propose a federal constitutional amendment to limit the number of terms which members of Congress may serve:
#
South Dakota Legislature
The South Dakota State Legislature is the legislative branch of the government of South Dakota. It is a bicameral legislative body, consisting of the South Dakota Senate, which has 35 members, and the South Dakota House of Representatives, which ...
(designated as POM-42 in the U.S. Senate) approved in 1989, South Dakota House Joint Resolution No. 1001 (see ''
Congressional Record
The ''Congressional Record'' is the official record of the proceedings and debates of the United States Congress, published by the United States Government Publishing Office and issued when Congress is in session. The Congressional Record Inde ...
'' of April 4, 1989, at pages 5395 and 5396, with verbatim text provided);
#
Hawaii Senate
The Hawaii Senate is the upper house of the Hawaii State Legislature. It consists of twenty-five members elected from an equal number of constituent districts across the islands and is led by the President of the Senate, elected from the membe ...
(designated as Memorial 400 in the U.S. House of Representatives) approved in 1990, Hawaii Senate Resolution No. 41—unicameral only (see ''Congressional Record'' of September 28, 1998, at page 22655) it took 8 years for this resolution to find its way into the ''Congressional Record'' and to be ''correctly'' referred to the Committee on the Judiciary—and even then, its text was not provided in the ''Congressional Record''); back in 1990, Hawaii's S.R. No. 41 was indeed received by the U.S. House of Representatives, and was designated as Memorial 416, (''Congressional Record'' of June 6, 1990, at pages 13,262 and 13,263) but the resolution was ''erroneously'' referred to the Committee on Energy and Commerce—and its text is NOT provided in the ''Congressional Record'';
#
Utah Legislature
The Utah State Legislature is the state legislature of the U.S. state of Utah. It is a bicameral body, comprising the Utah House of Representatives, with 75 state representatives, and the Utah Senate, with 29 state senators. There are no term l ...
(designated as POM-644 in the U.S. Senate) approved in 1990, Utah Senate Joint Resolution No. 24 (see ''Congressional Record'' of September 27, 1994, at page 26033, with verbatim text provided) it took four years for this resolution to find its way into the U.S. Senate's portion of the ''Congressional Record'';
#
Idaho Legislature
The Idaho Legislature consists of the upper Idaho Senate and the lower Idaho House of Representatives. Idaho is divided into 35 legislative districts, which each elect one senator and two representatives. There are no term limits for either cha ...
(designated as Memorial 401 in the U.S. House of Representatives) approved in 1992, Idaho Senate Joint Memorial No. 116 (see ''Congressional Record'' of April 29, 1992, at page 9804—text NOT provided in the ''Congressional Record''); and
#
Florida Legislature
The Florida Legislature is the legislature of the U.S. State of Florida. It is organized as a bicameral body composed of an upper chamber, the Senate, and a lower chamber, the House of Representatives. Article III, Section 1 of the Florida Cons ...
(designated as POM-122 in the U.S. Senate) approved in 2012, Florida House Memorial No. 83 (see ''Congressional Record'' of July 25, 2012, at page S5378, with verbatim text provided). Taking matters a bit further, on February 10, 2016, Florida lawmakers approved House Memorial No. 417 calling upon Congress, pursuant to Article V of the Federal Constitution, to assemble a Convention to prepare a constitutional amendment that would establish term limits upon members of Congress.
Supreme Court
Legal scholars have discussed whether or not to impose term limits on the Supreme Court of the United States. Currently, Supreme Court justices are appointed for life "during good behavior". A sentiment has developed, among certain scholars, that the Supreme Court may not be accountable in a way that is most in line with the spirit of
checks and balances
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
. Equally, scholars have argued that life tenure has taken on a new meaning in a modern context. Changes in medical care have markedly raised life expectancy and therefore have allowed justices to serve for longer than ever before.
Steven G. Calabresi
Steven Gow Calabresi (born 1958) is an American legal scholar and the Clayton J. and Henry R. Barber Professor of Law at Northwestern University Pritzker School of Law. He is the co-chairman of the Federalist Society. He is the nephew of Guido C ...
and
James Lindgren James Lindgren is a professor of law at Northwestern University. Born in 1952 in Rockford, Illinois, Lindgren graduated from Yale College (1974, cum laude) and the University of Chicago Law School (1977), where he was an editor of the ''University o ...
, professors of law at
Northwestern University
Northwestern University is a private research university in Evanston, Illinois. Founded in 1851, Northwestern is the oldest chartered university in Illinois and is ranked among the most prestigious academic institutions in the world.
Charte ...
, argued that because vacancies in the court are occurring with less frequency and justices served on average 26.1 years between 1971 and 2006, the "efficacy of the democratic check that the appointment process provides on the Court's membership" is reduced. There have been several similar proposals to implement term limits for the nation's highest court, including Professor of Law at
Duke University
Duke University is a private research university in Durham, North Carolina. Founded by Methodists and Quakers in the present-day city of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco and electric power industrialist James ...
Paul Carrington's "Supreme Court Renewal Act of 2005".
Many of the proposals center around a term limit for justices that would be 18 years to 25 years in length. (Larry Sabato, Professor of Political Science at the University of Virginia, suggested between 15 and 18 years). The staggered term limits of 18 years proposed by and would allow for a new appointment to the Court every two years, which in effect would allow every president at least two appointments. Carrington has argued that such a measure would not require a constitutional amendment as the "Constitution doesn’t even mention life tenure; it merely requires that justices serve during ‘good behavior’ ". The idea was endorsed among Judges, as
John Roberts
John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including ''Nati ...
supported term limits before he was appointed to the Supreme Court as chief justice. Calabresi, Lindgren, and Carrington have also proposed that when justices have served out their proposed 18-year term they should be able to sit on other Federal Courts until retirement, death, or removal.
Fairleigh Dickinson University
Fairleigh Dickinson University is a private university with its main campuses in the U.S. state of New Jersey. Founded in 1942, Fairleigh Dickinson University currently offers more than 100 degree programs to its students. In addition to its tw ...
's PublicMind Poll measured American voters’ attitudes towards various proposed Supreme Court reforms, including implementing term limits. The 2010 poll found that a majority of Americans were largely unaware of a proposal to impose a term limit of 18 years, as 82% reported they had heard little or nothing at all.
Fairleigh Dickinson University
Fairleigh Dickinson University is a private university with its main campuses in the U.S. state of New Jersey. Founded in 1942, Fairleigh Dickinson University currently offers more than 100 degree programs to its students. In addition to its tw ...
's PublicMind Poll "Public Says Televising Court is Good for Democracy" press release (March 2010). Notwithstanding a lack of awareness, 52% of Americans approved of limiting terms to 18 years, while 35% disapproved. When asked how old is too old for a Supreme Court judge to serve if he seems healthy, 48% said "no limit as long as he is healthy", while 31% agreed that anyone over the age of 70 is too old.
Some state lawmakers have officially expressed to Congress a desire for a federal constitutional amendment to limit terms of Supreme Court justices as well as of judges of federal courts below the Supreme Court level. While there might be others, below are three known examples:
# In 1957, the
Alabama Legislature
The Alabama Legislature is the legislative branch of the state government of Alabama. It is a bicameral body composed of the House of Representatives and Senate. It is one of the few state legislatures in which members of both chambers serv ...
adopted Senate Joint Resolution No. 47 on the subject (appearing in the U.S. Senate's portion of the ''Congressional Record'' on July 3, 1957, at page 10863, with full text provided);
# In 1978, the Tennessee General Assembly adopted House Joint Resolution No. 21 on the subject (designated as POM-612 by the U.S. Senate and quoted in full in the ''Congressional Record'' of April 25, 1978, at page 11437); and
# In 1998, the Louisiana House of Representatives adopted House Resolution No. 120 on the subject (designated as POM-511 by the U.S. Senate and quoted in full in the ''Congressional Record'' of July 17, 1998, at page 16076).
State term limits
Term limits for state officials have existed since colonial times. The Pennsylvania Charter of Liberties of 1682, and the colonial frame of government of the same year, both authored by
William Penn
William Penn ( – ) was an English writer and religious thinker belonging to the Religious Society of Friends (Quakers), and founder of the Province of Pennsylvania, a North American colony of England. He was an early advocate of democracy a ...
, provided for triennial rotation of the provincial council—the upper house of the colonial legislature. The
Delaware Constitution of 1776
The Delaware Constitution of 1776 was the first governing document for Delaware state government and was in effect from its adoption in September 1776 until its replacement by the 1792 constitution.
Background
On June 15, 1776, at the urging of P ...
limited the
governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
to a single three-year term; currently, the governor of Delaware can serve two four-year terms.
Gubernatorial term limits
Governors of 36 states and four territories are subject to various term limits, while the governors of 14 states,
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
, and the
mayor of Washington, D.C.
The mayor of the District of Columbia is the head of the executive branch of the government of the District of Columbia, in the United States. The mayor has the duty to enforce district laws, and the power to either approve or veto bills passed ...
, may serve an unlimited number of terms. Each state's gubernatorial term limits are prescribed by its state constitution, with the exception of
Wyoming
Wyoming () is a U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the south ...
, whose limits are found in its statutes. Territorial term limits are prescribed by its constitution in the
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonw ...
, the
Organic Act
In United States law, an organic act is an act of the United States Congress that establishes a territory of the United States and specifies how it is to be governed, or an agency to manage certain federal lands. In the absence of an organ ...
s in
Guam
Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...
American Samoa
American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the International ...
.
Uniquely, Virginia prohibits its
governors
A governor is an politician, administrative leader and head of a polity or Region#Political_regions, political region, ranking under the Head of State, head of state and in some cases, such as governor-general, governors-general, as the head of ...
from serving consecutive terms, although former governors are eligible to serve again as governor after a specified period (currently, four years) out of office. Several other states formerly had this "no succession" rule (which was part of Virginia's original constitution in 1776), but all have eliminated the prohibition except Virginia by 2000 (including Mississippi, which repealed it in 1986, and Kentucky, which repealed it in 1992).
The governors of the following states and territories are limited to two consecutive terms, but are eligible to run again after four years out of office:
Alabama
(We dare defend our rights)
, anthem = "Alabama (state song), Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery, Alabama, Montgomery
, LargestCity = Huntsville, Alabama, Huntsville
, LargestCounty = Baldwin County, Al ...
,
Alaska
Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U.S., ...
,
Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
,
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
,
Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
,
Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
,
Hawaii
Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
,
Kansas
Kansas () is a state in the Midwestern United States. Its capital is Topeka, and its largest city is Wichita. Kansas is a landlocked state bordered by Nebraska to the north; Missouri to the east; Oklahoma to the south; and Colorado to the ...
,
Kentucky
Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia to ...
,
Louisiana
Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
,
Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
,
Maryland
Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
,
Nebraska
Nebraska () is a state in the Midwestern region of the United States. It is bordered by South Dakota to the north; Iowa to the east and Missouri to the southeast, both across the Missouri River; Kansas to the south; Colorado to the southwe ...
,
New Jersey
New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
,
New Mexico
)
, population_demonym = New Mexican ( es, Neomexicano, Neomejicano, Nuevo Mexicano)
, seat = Santa Fe
, LargestCity = Albuquerque
, LargestMetro = Tiguex
, OfficialLang = None
, Languages = English, Spanish ( New Mexican), Navajo, Ker ...
,
North Carolina
North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
,
Ohio
Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
,
Pennsylvania
Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
,
Rhode Island
Rhode Island (, like ''road'') is a U.S. state, state in the New England region of the Northeastern United States. It is the List of U.S. states by area, smallest U.S. state by area and the List of states and territories of the United States ...
,
South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no)
, anthem = " Carolina";" South Carolina On My Mind"
, Former = Province of South Carolina
, seat = Columbia
, LargestCity = Charleston
, LargestMetro = ...
,
South Dakota
South Dakota (; Sioux language, Sioux: , ) is a U.S. state in the West North Central states, North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota people, Lakota and Dakota peo ...
,
Tennessee
Tennessee ( , ), officially the State of Tennessee, is a landlocked state in the Southeastern region of the United States. Tennessee is the 36th-largest by area and the 15th-most populous of the 50 states. It is bordered by Kentucky to th ...
,
West Virginia
West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the Bur ...
,
American Samoa
American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the International ...
,
Guam
Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...
Indiana
Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th s ...
and
Oregon
Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
are limited to serving 8 out of any 12 years. Conversely, the governors of
Montana
Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columbi ...
and
Wyoming
Wyoming () is a U.S. state, state in the Mountain states, Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the south ...
are limited to two terms, serving 8 out of any 16 years.
Finally, the governors of the following states and territory are limited to two terms for life during a person’s lifetime period:
Arkansas
Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
,
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
,
Delaware
Delaware ( ) is a state in the Mid-Atlantic region of the United States, bordering Maryland to its south and west; Pennsylvania to its north; and New Jersey and the Atlantic Ocean to its east. The state takes its name from the adjacent Del ...
,
Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
,
Mississippi
Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
,
Missouri
Missouri is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. Ranking List of U.S. states and territories by area, 21st in land area, it is bordered by eight states (tied for the most with Tennessee ...
,
Nevada
Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
, the
Northern Mariana Islands
The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonw ...
, and
Oklahoma
Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
. Former governor of California
Jerry Brown
Edmund Gerald Brown Jr. (born April 7, 1938) is an American lawyer, author, and politician who served as the 34th and 39th governor of California from 1975 to 1983 and 2011 to 2019. A member of the Democratic Party, he was elected Secretary of S ...
, however, served four non-consecutive terms because his first two terms were before limits were passed in California, and the limits did not apply to individuals' prior terms.
The governors of
New Hampshire
New Hampshire is a U.S. state, state in the New England region of the northeastern United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...
and
Vermont
Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
may serve unlimited two-year terms. The governors (or equivalent) in the following states, district, and territory may serve unlimited four-year terms:
Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
,
Idaho
Idaho ( ) is a state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Montana and Wyom ...
,
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
,
Iowa
Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
,
Massachusetts
Massachusetts (Massachusett language, Massachusett: ''Muhsachuweesut assachusett writing systems, məhswatʃəwiːsət'' English: , ), officially the Commonwealth of Massachusetts, is the most populous U.S. state, state in the New England ...
,
Minnesota
Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
,
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
,
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
,
Utah
Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to it ...
,
Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered on ...
,
Wisconsin
Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
,
District of Columbia
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, and
Puerto Rico
Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...
. The governor of Utah was previously limited to serving three terms, but all term limit laws have since been repealed by the legislature.
In 2022, voters in
North Dakota
North Dakota () is a U.S. state in the Upper Midwest, named after the Native Americans in the United States, indigenous Dakota people, Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north a ...
approved a constitutional amendment that limits the governor to no more than two four-year terms. The amendment only applies to individuals elected after 2023.
State legislatures with term limits
Fifteen state legislatures currently have term limits.The Term-Limited States National Conference of State Legislatures (November 12, 2020). The earliest state legislative term limit was enacted in 1990, and the most recent was enacted in 2000; term limits only went into effect years after they were enacted.
*
Arizona State Legislature
The Arizona State Legislature is the state legislature of the U.S. state of Arizona. It is a bicameral legislature that consists of a lower house, the House of Representatives, and an upper house, the Senate. Composed of 90 legislators, the s ...
: four consecutive two-year terms for both houses (eight years). No limit on total number of terms.
*
Arkansas General Assembly
The General Assembly of Arkansas is the state legislature of the U.S. state of Arkansas. The legislature is a bicameral body composed of the upper house Arkansas Senate with 35 members, and the lower Arkansas House of Representatives with 100 ...
: twelve consecutive years in either chamber of the legislature with the option to return after a four year break.
** Prior to the 2014 election, the previous limits of three two-year terms for
House
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...
members (six years) and two four-year terms for
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
members (eight years) applied. These limits no longer apply.
*
California State Legislature
The California State Legislature is a bicameral state legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legisla ...
: twelve years combined in either
Assembly
Assembly may refer to:
Organisations and meetings
* Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions
* General assembly, an official meeting of the members of an organization or of their representa ...
or
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
.
** For legislators first elected on or before June 5, 2012, the previous limits (enacted in 1990) of three two-year terms for
Assembly
Assembly may refer to:
Organisations and meetings
* Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions
* General assembly, an official meeting of the members of an organization or of their representa ...
members (six years) and two four-year terms for
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
members (eight years) still apply.
*
Colorado General Assembly
The Colorado General Assembly is the state legislature of the State of Colorado. It is a bicameral legislature that was created by the 1876 state constitution. Its statutes are codified in the ''Colorado Revised Statutes'' (C.R.S.). The ses ...
: four consecutive two-year terms in the
House
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...
(eight years) and two consecutive four-year terms in the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
(eight years). Former members can run again after a four year break.
*
Florida Legislature
The Florida Legislature is the legislature of the U.S. State of Florida. It is organized as a bicameral body composed of an upper chamber, the Senate, and a lower chamber, the House of Representatives. Article III, Section 1 of the Florida Cons ...
: may serve no more than eight consecutive years in either house. No limit on total number of terms.
*
Illinois Senate
The Illinois Senate is the Upper house, upper chamber of the Illinois General Assembly, the legislative branch of the government of the U.S. state, State of Illinois in the United States. The body was created by the first state constitution adop ...
: Senate presidents and minority leaders may not serve for more than 10 years.
*
Louisiana State Legislature
The Louisiana State Legislature (french: Législature d'État de Louisiane) is the state legislature of the U.S. state of Louisiana. It is a bicameral body, comprising the lower house, the Louisiana House of Representatives with 105 represen ...
: three consecutive four-year terms for both houses (twelve years). Members may run for the opposite body without having to sit out an election.
*
Maine Legislature
The Maine Legislature is the state legislature of the U.S. state of Maine. It is a bicameral body composed of the lower house Maine House of Representatives and the upper house Maine Senate. The Legislature convenes at the State House in Aug ...
: four two-year terms for both houses (eight years). No limit on total number of terms.
*
Michigan Legislature
The Michigan Legislature is the legislature of the U.S. state of Michigan. It is organized as a bicameral body composed of an upper chamber, the Senate, and a lower chamber, the House of Representatives. Article IV of the Michigan Constitution, ...
: twelve years combined in either chamber of the legislature.
** Prior to the 2022 election, the limits were three two-year terms for
House
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...
members (six years) and two four-year terms for
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
members (eight years).
*
Missouri General Assembly
The Missouri General Assembly is the state legislature of the U.S. state of Missouri. The bicameral General Assembly is composed of a 34-member Senate and a 163-member House of Representatives. Members of both houses of the General Assembly are ...
: four two-year terms for
House
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...
members (eight years) and two four-year terms for
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
members (eight years). Members may be elected again to the other house, but not serve more than 16 years.
*
Montana State Legislature
The Montana State Legislature is the state legislature of the U.S. state of Montana. It is composed of the 100-member Montana House of Representatives and the 50-member Montana Senate.
The Montana Constitution dictates that the legislature mee ...
: four two-year terms for
House
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...
members (eight years) in any sixteen-year period and two four-year terms for
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
members (eight years) in any sixteen-year period.
*
Nebraska Legislature
The Nebraska Legislature (also called the Unicameral) is the legislature of the U.S. state of Nebraska. The Legislature meets at the Nebraska State Capitol in Lincoln. With 49 members, known as "senators", the Nebraska Legislature is the small ...
:
unicameral
Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one.
Unicameral legislatures exist when there is no widely perceived need for multic ...
legislature; members limited to two consecutive four-year terms (eight years), after which they must wait four years before running again.
*
Nevada Legislature
The Nevada Legislature is a bicameral body, consisting of the lower house, the Assembly, with 42 members, and the upper house, the Senate, with 21. With a total of 63 seats, the Legislature is the third-smallest bicameral state legislature in ...
: six two-year terms for
Assembly
Assembly may refer to:
Organisations and meetings
* Deliberative assembly, a gathering of members who use parliamentary procedure for making decisions
* General assembly, an official meeting of the members of an organization or of their representa ...
members (twelve years) and three four-year terms for
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
members (twelve years).
*
North Dakota Legislature
The North Dakota Legislative Assembly is the state legislature of the U.S. state of North Dakota. The Legislative Assembly consists of two chambers, the lower North Dakota House of Representatives, with 94 representatives, and the upper North ...
: two cumulative four-year terms for both houses (eight years). Term limits only apply to individuals elected after the approval of the amendment in 2022.
*
Ohio General Assembly
The Ohio General Assembly is the state legislature of the U.S. state of Ohio. It consists of the 99-member Ohio House of Representatives and the 33-member Ohio Senate. Both houses of the General Assembly meet at the Ohio Statehouse in Columbus ...
: four consecutive two-year terms for
House
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...
members (eight years) and two consecutive four-year terms for
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
members (eight years).
*
Oklahoma Legislature
The Legislature of the State of Oklahoma is the state legislative branch of the U.S. state of Oklahoma. The Oklahoma House of Representatives and Oklahoma Senate are the two houses that make up the bicameral state legislature. There are 101 sta ...
: twelve years of total combined service in either the
House
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air condi ...
or the
Senate
A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
. If a legislator's first term is the result of a special election, that service does not count toward the limit.
*
South Dakota Legislature
The South Dakota State Legislature is the legislative branch of the government of South Dakota. It is a bicameral legislative body, consisting of the South Dakota Senate, which has 35 members, and the South Dakota House of Representatives, which ...
: four consecutive two-year terms for both houses (eight years).
Overturned or repealed state legislative term limits
Legislative term limits have been repealed or overturned in six states. Term limits for state legislatures were adopted by Idaho and Utah in 1994, but repealed by their respective legislatures in 2002 (Idaho) and 2003 (Utah). Term limits adopted in four states were struck down as unconstitutional by the
state supreme court
In the United States, a state supreme court (known by #Terminology, other names in some states) is the supreme court, highest court in the State court (United States), state judiciary of a U.S. state. On matters of State law (United States), st ...
s in those states: in Massachusetts, Washington and Wyoming, the court ruled that term limits could not be enacted by statute, and could only be enacted by an amendment to the state constitution; the
Oregon Supreme Court
The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.Oregon initiative establishing term limits violated the
single-subject rule
The single-subject rule is a rule in the constitutional law of some jurisdictions that stipulates that some or all types of legislation may deal with only one main issue. One purpose is to avoid complexity in acts, to avoid any hidden provisions t ...
.
Municipal term limits
Some localities impose term limits for local office. Among the 20 most populous U.S. cities:
* There are no term limits in
Baltimore, Maryland
Baltimore ( , locally: or ) is the List of municipalities in Maryland, most populous city in the U.S. state of Maryland, fourth most populous city in the Mid-Atlantic (United States), Mid-Atlantic, and List of United States cities by popula ...
;
Charlotte, North Carolina
Charlotte ( ) is the most populous city in the U.S. state of North Carolina. Located in the Piedmont region, it is the county seat of Mecklenburg County. The population was 874,579 at the 2020 census, making Charlotte the 16th-most populo ...
;
Chicago, Illinois
(''City in a Garden''); I Will
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;
Columbus, Ohio
Columbus () is the state capital and the most populous city in the U.S. state of Ohio. With a 2020 census population of 905,748, it is the 14th-most populous city in the U.S., the second-most populous city in the Midwest, after Chicago, and t ...
;
Detroit, Michigan
Detroit ( , ; , ) is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at ...
,
Fort Worth, Texas
Fort Worth is the fifth-largest city in the U.S. state of Texas and the 13th-largest city in the United States. It is the county seat of Tarrant County, covering nearly into four other counties: Denton, Johnson, Parker, and Wise. According ...
and
Indianapolis, Indiana
Indianapolis (), colloquially known as Indy, is the state capital and most populous city of the U.S. state of Indiana and the seat of Marion County. According to the U.S. Census Bureau, the consolidated population of Indianapolis and Mari ...
Austin
Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city ...
,
Dallas
Dallas () is the List of municipalities in Texas, third largest city in Texas and the largest city in the Dallas–Fort Worth metroplex, the List of metropolitan statistical areas, fourth-largest metropolitan area in the United States at 7.5 ...
,
Houston
Houston (; ) is the most populous city in Texas, the most populous city in the Southern United States, the fourth-most populous city in the United States, and the sixth-most populous city in North America, with a population of 2,304,580 in ...
, and
San Antonio
("Cradle of Freedom")
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in Texas;
Jacksonville, Florida
Jacksonville is a city located on the Atlantic coast of northeast Florida, the most populous city proper in the state and is the largest city by area in the contiguous United States as of 2020. It is the seat of Duval County, with which the ...
;
Memphis, Tennessee
Memphis is a city in the U.S. state of Tennessee. It is the seat of Shelby County in the southwest part of the state; it is situated along the Mississippi River. With a population of 633,104 at the 2020 U.S. census, Memphis is the second-mos ...
;
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
; and
San Diego
San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the List of United States cities by population, eigh ...
,
San Francisco
San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
Philadelphia, Pennsylvania
Philadelphia, often called Philly, is the largest city in the Commonwealth of Pennsylvania, the sixth-largest city in the U.S., the second-largest city in both the Northeast megalopolis and Mid-Atlantic regions after New York City. Sinc ...
has term limits for the mayor, but not the city council. The mayor may serve two consecutive terms but there is no limit on the total number of terms.
*
Los Angeles, California
Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world' ...
and
Phoenix, Arizona
Phoenix ( ; nv, Hoozdo; es, Fénix or , yuf-x-wal, Banyà:nyuwá) is the List of capitals in the United States, capital and List of cities and towns in Arizona#List of cities and towns, most populous city of the U.S. state of Arizona, with 1 ...
have term limits for both the mayor and city council, but the term limits for the mayor are stricter than the term limits for the council.
A two-term limit was imposed on
New York City Council
The New York City Council is the lawmaking body of New York City. It has 51 members from 51 council districts throughout the five Borough (New York City), boroughs.
The council serves as a check against the Mayor of New York City, mayor in a may ...
members and citywide elected officials (except for
district attorney
In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...
s) in
New York City
New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
after a 1993
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
(see the Charter of the City of New York, § 1138). On November 3, 2008, however, when
Michael Bloomberg
Michael Rubens Bloomberg (born February 14, 1942) is an American businessman, politician, philanthropist, and author. He is the majority owner, co-founder and CEO of Bloomberg L.P. He was Mayor of New York City from 2002 to 2013, and was a ca ...
was in his second term of
mayor
In many countries, a mayor is the highest-ranking official in a municipal government such as that of a city or a town. Worldwide, there is a wide variance in local laws and customs regarding the powers and responsibilities of a mayor as well a ...
, the City Council approved the extension of the two-term limit to a three-term limit; one year later, he was elected to a third term. The two-term limit was reinstated after a referendum in 2010.
Impact
Research shows that legislative term limits increase legislative polarisation, reduce the legislative skills of politicians, reduce the legislative productivity of politicians, weaken legislatures vis-à-vis the executive, and reduce voter turnout. Parties respond to the implementation of term limits by recruiting candidates for office on more partisan lines. States that implement term limits in the state legislatures are associated with also developing more powerful House speakers.
Term limits have not reduced campaign spending, reduced the gender gap in political representation, increased the diversity of law-makers, or increased the constituent service activities of law-makers. Term limits have been linked to lower growth in revenues and expenditures.
See also
*
List of political term limits
This is a list of term limits for heads of state, heads of government and other notable public office holders by country.
Africa
Americas
Asia
Middle East
Europe
Oceania
See also
* Term limit
* Reelection
References
Sources ...
* ''
Notes of Debates in the Federal Convention of 1787
''Notes of Debates in the Federal Convention of 1787'' was James Madison's record of the daily debates held by delegates at the Philadelphia Convention, which resulted in the drafting of the current United States Constitution. Madison's journal ...
''
*
Political class Political class, or political elite is a concept in comparative political science, originally developed by Italian political theorist Gaetano Mosca (1858–1941). It refers to the relatively small group of activists that is highly aware and active i ...
*
Second Constitutional Convention of the United States
The calling of a Second Constitutional Convention of the United States is a proposal made by some academics and activists from across the political spectrum for the purpose of making substantive reforms to the federal government of the United Stat ...
*
Widow's succession
Widow's succession was a political practice prominent in some countries in the early part of the 20th century, by which a politician who died in office was directly succeeded by their widow, either through election or direct appointment to the se ...
References
Notes
Citations
Bibliography
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* United States presidential nominating convention
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United states
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...