Friday, December 16, 2011

Newt Gingrich no friend of Congressional term limits

With the rise of Newt Gingrich in the polls, I have been repeatedly asked where he stands on term limits.

After all, didn't he win the House back in 1994 with his Contract with America which included term limits? Yes, but that's only part of the story.

In 1991, before the Contract with America, Newt Gingrich called term limits "a terrible idea." However later when nearly every state with a citizen initiative process had term limited their U.S. Congress members and state representatives, Newt added this "terrible idea" to his platform and indeed it was the most popular plank.

Once in power, Newt did everything possible to avoid passage and, worse, actively schemed to undo the work done by the citizens in the states who had collected millions of signatures and cast millions of votes.

Newt appointed Florida Congressman Bill McCollum to be his point man on the issue. Newt and Bill pushed a politician-friendly 12-year term limits amendment bill that blatantly upended the mostly 6- and 8-year term limits passed by 23 states. But that was only part one of the betrayal.

Newt was and is a brilliant political schemer. Gingrich and McCollum's insistence on a 12-year bill in direct defiance to the national term limits movement was part of a proliferation of term limits bills. This proliferation permitted every Congress member to support a bill and go back home and brag about their vote to their constituents, while remaining confident that none would ever pass. In all there were 11 different term limits bills introduced, four of which came to a vote. A tough vote under any circumstances, by dividing the votes between the different bills, the people's goose was cooked.

The attitude of Reps. Gingrich and McCollum were probably best summed up by another Contract with American beneficiary Rep. Dick Armey of Texas who famously said that "If we Republicans can straighten out the House . . . then I think maybe the nation's desire for term limits will be diminished."

Hardly. Recent polling shows some 78 percent of Americans -- including 84 percent of Republicans and 74 of Democrats and 74 percent of independents -- support Congressional term limits.

Today, Gingrich is at least up-front about his opposition to term limits. In September in Orlando, he told U.S. Term Limits Board Member Rick Shepherd, essentially, "We tried that and it didn't work." Sure, Newt, whatever.

So when I am asked if lifetime professional politician-turned-lobbyist-turned presidential candidate Newt Gingrich is the Patron Saint of Term Limits, I answer: Hell no.

Term limits make their mark in Missouri

Although it is not its intention, a new 15-page report, “The Impact and Implications of Term Limits in Missouri” by David C. Valentine, provides data that highlights the success of term limits in that state’s legislature.

In 1992, Missouri citizens collected signatures and put an initiative on the ballot that limited both state representatives and senators to 8 years in office. Voters approved the constitutional amendment with 75 percent of the vote and a May 2011 poll suggests 77 percent of Missourians continue to support the law. It went into full effect in 2003.

Citizens can easily see how term limits have resulted in more competitive elections and regular rotation in office. But Valentine’s study adds some color to our more casual observation:

First, term limits in Missouri have largely erased the surge in tenure that marked the later 20th Century. This nation’s founders believed that regular rotation in office was essential for democracy to operate and indeed for the first century and a half of our history their vision operated in our state houses and even the U.S. Congress. But in the latter half of the 20th century, coinciding with the growth of government, entrenched incumbency became the norm in nearly all political bodies of any size. The classic example is the U.S. House, where today there is a roughly 95 probability probability of an incumbent winning a race for their own seat. But in Missouri, as the study shows, the average tenure has shrunk to pre-surge norms.

Second, in the Missouri House, rotation in office due to term limits has created a more representative body comprising a far broader range of experience. The data show that previous legislative experience has been significantly reduced, an obvious result of term limits.

Third, the intended division between the upper and lowers houses of the legislature have been maintained and improved. While the House has been transformed into a far more representative body, the percentage of the Senate with significant legislative experience remains very high, as many or most Senators serve first in the House. Hence, the balance – previously skewed toward professional politicians – has swung back more toward the center, balancing the value of experience and improving the representation and participation of the citizens.


The result of this transformation has been positive. While every legislature – like every marriage -- is dysfunctional in its own way, some state governments are certainly better than others. The American Legislative Exchange Council – no friend of term limits – grades the states on a dozen or so result-oriented metrics. In the most recent score card, the top of the list is crowded with states with term limited legislatures. Missouri is ranked 9.

In spite of all this, the author of the University of Missouri study argues forcefully that the reductions in tenure and legislative experience in Missouri are defects of term limits. In effect he is arguing that legislative term limits are a failure because they limit terms of legislators! He suggests this is an “unintended consequence” of term limits.

Beyond the helpful data, the article consists of pretty standard rhetoric opposing term limits which will be helpful to the politicians in Jefferson City looking to hold on to their jobs. Given its timing and style, this is surely the intended purpose of the report.

Fortunately, the voters of Missouri have different ideas. They voted for the term limits and believe time has validated their decision. When polled in May on why they believed state politicians want to weaken term limits, a full 78 percent -- including big majorities of Democrats, Republicans and independents – said “keeping themselves in power.” Only 9 percent said “achieving better government."

Sounds like rotation is office is precisely the consequence voters intended.

Thursday, November 24, 2011

Huntsman: "We need term limits in Congress"

The latest presidential contender to weigh in on Congressional term limits is former Utah Gov. Jon Huntsman. He mentioned his support for the idea as an aside during the Nov. 22 CNN presidential debate on foreign policy.

“We need a Washington that works,” said Huntsman. “We have a Congress that can’t even figure out how to balance our budget. They need term limits, by the way. We’ve gotta get our house in order…"

I cheered, surprised. But apparently his advocacy of term limits is not new.

“Governor Huntsman has been an advocate of term limits since his time as governor of Utah," Joel Sawyer, Huntsman’s South Carolina director, told the Nashua Telegraph. “He believes they’re needed in Congress, because much like his tax plan that eliminates corporate welfare and loopholes, it would go a long way toward breaking up entrenched special interests and ending crony capitalism."

Of course it would. Huntsman paired his support for term limits with a lifetime ban on lobbying after a Congress member has been term limited. This package has become part of his stump speech in New Hampshire.

But he went further in an interview with RealClearPolitics.com this on Nov. 21. Not only do we need term limits, but Huntsman sees a role for the U.S. president in instituting them.

“We need term limits in Congress,” he said. “We need restrictions on members of Congress who then go into lobbying. We've got some structural problems here that make it very difficult to do the work of the people. And to have a president who's willing to use the bully pulpit in identifying and pointing out those issues, as well, would be a very good thing in this country.”

Huntsman joins former Gov. Gary Johnson – the sole signatory of the U.S. Term Limits presidential pledge – in calling for a presidential role in establishing term limits on Congress. Rep. Ron Paul and Rick Santorum have also spoken fondly of the popular reform, while Gov. Rick Perry, Michelle Bachman and Newt Gingrich are opposed.

Wednesday, September 14, 2011

Turner win in NY a victory for Congressional term limits

This morning's press release tells the story:

SEPTEMBER 14, 2011 -- U.S. Term Limits President Philip Blumel celebrated the victory of Bob Turner to the U.S. House in yesterday’s special election in New York’s 9th as a victory for the cause of Congressional term limits.

"We welcome yet another new face in Washington who is committed to opening up the Congress to citizen legislators like himself," said Blumel. Turner is a retired media executive of 40 years.

A Constitutional amendment bill has been introduced by Rep. David Schweikert (R-AZ) in the U.S. House of Representatives and Senator Jim DeMint (R-SC) in the U.S. Senate which limit members of the House to three terms and Senators to two terms in office. Turner is a signatory of a U.S. Term Limits pledge to support such legislation.

"Turner’s upset election in is just one more shock wave to hit the power structure in D.C. People are demanding an end to the entitled political culture in our nation’s capitol and passage of the term limits Constitutional Amendment would be a great leap towards that goal,” Blumel said. “We look forward to seeing Rep. Turner’s name on the growing list of cosponsors for the term limits amendment."

To sign an online petition in favor of the term limits amendment, go here.

Term limits continues to enjoy broad, bi-partisan support with 78% of U.S. registered voters in favor of congressional term limits according to a September 2010 FoxNews Public Opinion Dynamics poll of registered voters. The poll showed 74% of Democrats polled favored term limits with 84% of Republicans indicating support, with overall support jumping 8% from a March 2009 poll.

Passage of the Constitutional Amendment requires a 2/3 vote of both the U.S. Senate and House of Representatives followed by passage in 38 states.

Wednesday, September 7, 2011

Rick Perry: "I am not a fan of term limits"

With a term limits amendment in both houses of the Congress picking up sponsorship and polls showing unprecedented support for the idea among voters, term limits may become an important issue of the 2012 presidential campaign. In fact, presidential support could be a decisive factor in getting the amendment through Congress.

So far, presidential candidates have been largely mum. Gov. Gary Johnson has signed the U.S. Term Limits presidential term limits pledge, committing to advocate term limits in his campaign and, if elected, as president. But the others, nothing, until now.

Gov. Rick Perry broke the silence this week with his announcement that "I am not a fan of term limits ... I am very passionate about this." He made the announcement, with a convoluted defense of his position, in response to a citizen who asked if he'd help get the amendment passed.

See the video here.

Note how he pivots to another popular amendment to recover, as the audience is not on Perry's side here. But, of course, support for term limits and a balance budget amendment are not mutually exclusive. In fact, the two reforms made up the core of Sen. Rand Paul's successful 2010 campaign for the U.S. Senate. The positions helped Paul catapault over his establishment rival.

Perhaps something similar may happen in the presidential race too.

To let the Congress know you are a fan of Congressional term limits, please sign the online petition here. Thanks!

County politicians ask Florida Supreme Court to abolish voter-approved county term limits

It's official. Broward County politicians, hiding behind their attorneys, are appealing the recent appellate court decision that deemed county commission term limits constitutional. Yes, county term limits are going to the Florida Supreme Court.

Bill Scherer, acting for sitting Broward commissioner John Rodstrom among others, launched the appeal after losing his case at the appellate court level on Aug. 10. The appellate court had decided -- unanimously -- that home rule charter counties do indeed have the right to customize their county commissions as they have long done.

It is for this reason that some charter counties have seven commissioners and some have five, or even 13. Some have single member districts and some are elected from the county at-large -- and some have a blend of the two. Some have a strong mayor system and some have a commission-manager structure. Some counties offer nominal compensation to cover expenses and others offer high salaries with benefits. Some charter counties (10) have term limits and some don't (10).

In home rule counties, all charter changes such as these are approved by the voters in a referendum, sometimes by a citizen's initiative after collecting thousands of signatures from their neighbors. Florida's county term limits were adopted by lopsided votes of the people, including 80% voter approval in Broward.

The August decision by the 4th District Court of Appeals upheld Broward County term limits, argued that this traditional understanding of home rule is correct. The people won; the politicians lost. It should have ended there.

But politicians grasp for power like a drowning man gasps for air. Scherer and his cronies argue in their appeal to the Supreme Court that the people cannot be trusted to alter their charter in this way. Instead, county commissioners should be treated just like constitutional officers -- such as the tax collector and property appraisers -- which are state creations over which the Supreme Court has said people have less say.

This is seen as a weak argument, as constitutional officers are distinct from county commissioners are treated in a different section of the state constitution. The quite readable 4th district decision makes this distinction as clear as day.

Meanwhile, the desperate Broward political clan is tossing 2012 county elections across the state into confusion in their last bid to hold on to the thrones that have enriched and, sadly but evidently, corrupted them.

Monday, August 15, 2011

"An Act of Self-Defense" offers literal take on term limits revolution

Readers of Erne Lewis' "An Act of Self-Defense" who have also read Vince Flynn's "Term Limits" will not be able to help comparing the two. For one thing, both novels revolve around frustrated Americans who target -- literally -- Congress members in a revolutionary attempt to get the federal government under control.

In Lewis' version, the four-person rebel cadre call themselves the Term Limits Revolution and threaten to kill one Congress member per day until a 8-year term limits amendment is passed and sent to the states for ratification. Once they do that, the TLR promised to stand down and the states are free to ratify or reject it.

In the TLR's initial threat to Congress, they argue "Thomas Jefferson believed the failure to include term limits in the Constitution was a fatal error. He predicted another revolution would be necessary to regain the individual rights lost to the power-loving politicians who would, over time, increase their power at the cost of our liberty. Jefferson could not have foreseen that the federal government would today be capable of tracking our every move and communication..."

This last sentence provides much of the suspense that makes this Lewis' first novel a page-turner. The book shows, rather dramatically, how the Patriot Act and other Congressional excesses can be used not only to track down legitimate threats like the TLR, but also misused to harrass innocent Americans by overly aggressive law enforcement or, worse, for purely political reasons.

In one dramatic example, a no-knock warrantless raid on the president of a national term limits advocacy organization -- yikes! -- goes awry with tragic results. And it turns out the target of the raid had no connection or knowledge of the TLR.

Lewis has done his homework, both on the term limits issue and on the new-fangled powers government has usurped by exploiting people's fear of Muslim terrorists following 9/11.

Much like with the Flynn book, the reader finds himself identifying a little too closely with the revolutionaries. Fortunately, in the real world, we may indeed need a term limits revolution, but not one armed with guns and bombs.