Term limits top the list of Levin's 'Liberty Amendments'

Talk show host and lawyer Mark Levin says at one time he opposed amending the U.S. Constitution via the state convention process. But now his skepticism has turned to enthusiasm and in his new book, The Liberty Amendments, he lays out 11 suggested amendments aimed at "preserving the civil society from the growing authoritarianism of a federal Leviathan" and urges states to pursue them.

Number one on the list: Congressional term limits. Number three: Supreme Court term limits. And, number nine: A change in the way amendments are approved that avoids Congress altogether -- and would likely pave the way for Congressional term limits.

Levin starts off with background on the amendment process and addresses a fear many term limits supporters have expressed about amending the constitution via a convention called by three fourths of the states.

Levin suggests concerns about a runaway convention are unfounded: "The text of Article V makes clear there is a serious check in place. Whether the product of Congress or a convention, a proposed amendment has no effect at all unless 'ratified by the legislatures of three fourths of the several states...' This should extinguish anxiety that the state convention process could hijack the Constitution."

"In Washington and most political capitals, TIME in office = POWER" -- Mark Levin

The current term limits bills in Congress (introduced by Rep. Matt Salmon in the House and David Vitter and Rand Paul in the Senate) take the other of two paths offered in Article V, a vote in the Congress followed by ratification by the states.

In chapter two, Levin lays out a concise and persuasive case for Congressional term limits, citing the lack of rotation, gerrymandering, power of the incumbency, special interest money and seniority. The bottom line, he says, is "in Washington and most political capitals TIME in office = POWER." He calls for a limit of 12 years maximum in the Congress which can be split between houses.

Interestingly Levin also calls for 12-year Supreme Court limits. Here he cites the unexpected longevity of modern justices and the increased power they wield. Most persuasively, he points to the simple fact that a lifetime position today can -- and does -- entrench the "mentally impaired, venal and even racist" who may have once been vigorous contributors to the court. Due to uncompetitive elections and the lack of turnover in Congress, he could have noted that is phenomenon is not uncommon there either.

Less persuasive is Levin's call -- as part of the same amendment -- to permit Congressional overrides of Supreme Court decisions, such as if the Court determines a Congressional law is unconstitutional.

In chapter 9, Levin calls for the ability for states to directly amend the Constitution. If two-thirds (not three fourths) of the states approve the exact same amendment within a six year period, it would become part of the Constitution. No convention. No Congress.

As he puts it, "there is no persuasive reason the states need to administratively organize their amendment efforts through Congress. In fact, among the reasons states may be moved to act is precisely because of conflicts or disagreements with Congress."

No kidding. How about the conflict of interest involved in the Congress shepherding -- or, more accurately, torpedoing -- an amendment to limit the terms of the Congress? This amendment would permit states to make an end run around Congress.

Other amendments offered in the book include a tax cap (15 percent of income), a balanced budget amendment, national voter ID requirements and explicit private property protections. Nearly all are thoughtful and reasonable, but many are also politically fanciful currently.

But the book is not simply indulgence in political fantasy. It is a thought experiment that provokes serious consideration of our history, foundational law and the nature of our political system. It is particularly valuable for those who are active in the effort to pass Congressional term limits via a Constitutional amendment. Read it.

DeMint may be gone from Senate, but term limits bill isn't

When Sen. Jim DeMint of South Carolina announced his retirement from the Senate, term limits activists were worried. After all, it was DeMint's name on the Congressional term limits bill.

But on Jan. 22, Sen. David Vitter (R-LA) introduced an amendment to the U.S. Constitution which would limit the number of terms that a Congress member may serve to three in the House of Representatives and two in the Senate. That is, the same bill.

DeMint may not be done with term limits. He left the Senate to take the helm at the Heritage Foundation where he can be enormously influential in advancing the issue. With the Cato Institute firmly behind the reform, there may be another policy powerhouse on the term limits case.

Sen. David Vitter has reintroduced the Congressional term limits bill in the Senate and a House companion bill is expected imminently.

Term limits for members of Congress has been spotlighted in recent weeks as former Senator and Vice Presidential nominee Joe Lieberman announced that after reflection on his 24 years in office that he now supported term limits.

The Lieberman statement was followed by a polls conducted by the Gallup Organization released in January showing that the American people would vote for congressional term limits by a 75 – 21 margin.

To become part of the U.S. Constitution, the amendment requires a two-thirds vote in each house of Congress and ratification by three quarters or 38 out of 50 states. This will not happen without pressure from us. Please sign the online petition now.

Florida officially calls for term limits on U.S. Congress!

The Florida legislature today officially called on the U.S. Congress to pass and send to the states for ratification a constitutional amendment limiting Congressional terms in office.

The resolution, passed by acclamation in both houses of the Florida legislature, will be sent to the president of the United States, Speaker of the U.S. House, president of the U.S. Senate and each member of the Florida Congressional delegation.

Florida is the first state to take this step, but it will not be the last. With term limits polling at all-time highs and the Congress at record lows, pressure is building around the nation for Congress to take action.

Sen. Jim DeMint and Rep. David Schweikert have introduced a constitutional amendment (SJR 11 and HJR 71, respectively) limiting congressional terms in the Senate and House. While the Florida action does not specifically mention any specific legislative proposal, they are the first state to go on record in the past decade supporting a congressional term limitation constitutional amendment. Voters overwhelmingly supported Florida’s state constitutional limits on state legislators in 1992 with 77 percent support. Polling from Quinnipiac University in 2009 suggests 82 percent of Floridians continue to support term limits on public officials.

Nationally, the support for term limits remains strong with 78 percent of Americans supporting congressional term limits according to a September 2010 poll conducted for FoxNews by Public Opinion Dynamics. Support is strong across partisan lines with 84 percent of Republicans favoring the idea while 74 percent of Democrats and 74 percent of Independents also support limiting congressional terms.

Passage of the term limits constitutional amendment requires a two-thirds vote in the House and Senate and ratification by three-quarters (38) of the states in order to become part of the Constitution. The states are the easy part. The trick is getting through the U.S. Congress and this official call from a important state like Florida is a big help.

The Florida resolution was introduced by State Rep. Matt Caldwell (HM83) in the Florida House and Sen. Joe Negron (SM672) in the Senate.

"The evidence is in. Term limits work,” said Rep. Matt Caldwell of Lehigh Acres. "New York, Illinois and Florida have all been faced with tough decisions on how to balance their state budgets over the last few years. Only one of these states has term limits and only one of these states has cut their budgets to match their revenues and refused to raise taxes."

"Congress is on a collision course with federal bankruptcy and our last, best hope is to bring serious and permanent change to Washington, D.C.," he said.

The U.S. Term Limits Amendment Pledge: An action plan for the 2010 election

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The primaries are over and now we're in the final stretch into the November election. All the momentum is riding with those calling for real change. But how can we make sure we are electing candidates who are serious about changing Washington and not just telling us what we want to hear? How can we hold them accountable once they win?

Here's how:

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Today, U.S. Term Limits mailed out the last of 996 packages to every major party Congressional candidate in the country -- House and Senate, incumbent and challenger. In it is a letter from me and a pledge for the candidate to sign. The pledge commits the signer to cosponsor and vote for a constitutional amendment to limit Congressional terms to three in the House and two in the Senate.

Let's get as many candidates as possible to sign this pledge before election day! Then, U.S. Term Limits will follow up and make sure the signers who won live up to their word.

Think about the power of this simple project. After November, we can expect to have genuine term limits bills in both houses of Congress with a growing list of cosponsors. Then we can move on to the next step of the plan to get a vote on a real term limits amendment before 2012.

Please, right now, go to the new pledge website* and find out if your local Congressional candidates have signed the pledge. If not, call or email them and ask them to.

At every opportunity, particularly in public forums, ask your local Congressional candidates -- incumbents and challengers -- if they support term limits and, if they say yes, ask them if they have signed the U.S. Term Limits Pledge. History tells us if they won't sign, they don't really support term limits.

This is a big project that necessarily must be accomplished in a short period of time. We have big up-front costs of production, mailing and promotion. Please also go here and make a financial contribution to U.S. Term Limits to help pay for this important project.

Friends, this is it. With the skyrocketing polling on term limits, plummeting Congressional approval ratings and a real live term limits amendment bill in the Senate, never have the stars been so aligned to make this possible. We have the opportunity, let's take it.

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*The website will be live the week of Sept. 26.

Term Limits and the 2010 U.S. Senate elections

The issue of term limits is hot again, in a way we haven't seen in well over a decade. A poll released last week shows that 78 percent of Americans support term limits for the U.S. Congress, including large majorities for Democrats (74%), independents (74%) and Republicans (84%). Meanwhile, Congressional approval ratings are mining all-time lows.

Hence, now is the time to press for Congressional term limits. If not now, when?

We have a vehicle, the "Term Limits for All" amendment, with leadership from its author, Sen. Jim DeMint. What we need now is get more cosponsors and votes for the amendment. That means electing pro-term limits candidates. Just as importantly, it means getting these candidates to commit to co-sponsoring the DeMint amendment.

Why is this specific bill so important? Because supporting term limits in general but then opposing the specific proposal that is actually on the table is the oldest political trick in the book. We need to approach all Senate candidates with the follwing question, either in conversation, at public appearances, or by phone or email: "Will you become a co-sponsor of the DeMint amendment to limit Congressional terms?" Then we need to help them win.

ALASKA -- JOE MILLER

The Miller campaign informs us that he has spoken in support of term limits, but has not made the issue central to his campaign. They are looking at the DeMint amendment and will decide whether or not to come out in support.

CALIFORNIA -- CARLY FIORINA

Firoina made a big splash with her announcement to support term limits for the U.S. Congress. The problem is, the 12-year House limits she is calling for don't jibe with DeMint's amendment, which calls for six years for the House and 12 for the Senate. Thank her for her support of term limits, but will she sign on to the DeMint bill? Ask her!

COLORADO -- KEN BUCK

Buck is one of the eight Senate candidates being financially assisted by DeMint's Senate Conservatives Fund. One of the eight planks of the CSF is "Our country is being destroyed by career politicians. SCF candidates will support a constitutional amendment establishing congressional term limits. " That is a good sign and Buck has verbally supported term limits. But will he be a co-sponsor of the DeMint bill?

FLORIDA -- MARCO RUBIO

Another CSF recipient who has opined that the Republican Party should be the party of term limits. However, he has gone to great lengths to avoid committing to supporting Jim DeMint's bill in public. In fact, he has gone quiet on the issue since he successfully used his Tea Party stepladder to become the establishment favorite.

KENTUCKY -- RAND PAUL

Term limits is one of Rand Paul's top campaign issues and he has unambiguously come out in support of the DeMint bill. He has even pledged to work on trying to make term limits a presidential issue for 2012! Thanks, Rand.

OKLAHOMA -- TOM COBURN

Tom Coburn is a long-term term limits supporter and is already a co-sponsor of the DeMint bill. Thank you!

PENNSYLVANIA -- PAT TOOMEY

One can't doubt Toomey's term limit bona fides. Like Tom Coburn, Toomey left the House after fulfilling a self-imposed commitment to serve no more than eight years in the U.S. House. Today, he is supporting Congressional term limits. Will be be a co-sponsor of the DeMint bill? Ask him!

SOUTH CAROLINA -- JIM DEMINT

Jim DeMint is providing the national leadership needed on this issue. He is also spoken of as a presidential candidate for 2012 or beyond. If he runs, he'd be taking the term limits issue with him on the campaign trail.

Regarding Congressional term limits, some say, "It is a great idea, but it will never happen." Heck, I've said this before! But picture this: 1) 78% support from Americans of all parties, 2) Congressional approval ratings at all-time lows, 3) an amendment bill in the U.S. Senate with a growing list of cosponsors, 4) a companion bill submitted in the House, 5) term limits become important campaign issue across the country, and then, 5) presidential sponsorship.

All of a sudden, it seems like it can happen, doesn't it? Let's make it so!

(By the way, if you have info about these or other Senate races in regards to term limits, please share. You can email me here.)

TERM LIMITS FOR ALL amendment introduced!

It's official. Sen. Jim DeMint has introduced a bill to amend the U.S. Constitution to limit the terms of the U.S. Congress.

If the proposal becomes law, Senators will be limited to two terms (12 years) and Representatives will be limited to three (six years). The text of the bill and amendment can be found here.

The amendment is cosponsored by U.S. Senators Tom Coburn (R-Oklahoma), Kay Bailey Hutchison (R-Texas), and Sam Brownback (R-Kansas). As an amendment to the Constitution, it would require a two-thirds majority vote approval in the House and Senate and must be ratified by three-fourths of the states.

"Americans know real change in Washington will never happen until we end the era of permanent politicians," said Senator DeMint. "As long as members have the chance to spend their lives in Washington, their interests will always skew toward spending taxpayer dollars to buyoff special interests, covering over corruption in the bureaucracy, fundraising, relationship building among lobbyists, and trading favors for pork – in short, amassing their own power. I have come to realize that if we want to change the policies coming out of Congress, we must change the process itself. Over the last 20 years, Washington politicians have been reelected about 90% of the time because the system is heavily tilted in favor of incumbents. If we really want to put an end to business as usual, we’ve got to have new leaders coming to Washington instead of rearranging the deck chairs as the ship goes down.”

He's right. And now we have some work to do.

First, please call your Senator and ask him or her to become a cosponsor of this amendment. Second, please sign our on-line petition to show your support for Sen. DeMint's amendment. Third, send around the petition link to your friends and family and urge them to sign the petition. Fourth, write a letter to the editor announcing the bill and your support of it. Be sure to include how your Senators stand on the issue.

Our most recent polling shows 83% of Americans support term limits. Hence, this should be a done deal. But our system is broken. This amendment is a big step toward fixing it.

BREAKING NEWS: Sen. DeMint to drop term limits bill!

Great news: Sen. Jim DeMint (R-SC) will soon be launching a Constitutional amendment bill to limit terms of the U.S. Congress!

I am often asked by reporters and talk radio hosts what it would take to achieve Congressional term limits. It is a big project and will take the right conditions to get the job done.

First, I say, we need the people on our side. Check.

Second, we need historically low approval ratings on Congress. Check.

Third, we need political leadership. Check?

Yes, it looks we finally have that too. The remarks below are excerpted from U.S. Senator Jim DeMint’s podcast of October 22, 2009. Senator DeMint, who voluntarily limited his tenure in the House of Representatives to three terms, is announcing the imminent launch of a bill to Constitutionally limit terms.

Take it away, Sen. DeMint:

"The longer I stay in Washington, the more I have come to realize that the problem in the federal government isn't just the people...it’s the process.

"The system itself is so much more powerful than either party or interest group, let alone one president or congressional leader. In Washington, the rules of the game are rigged—in favor of bigger government, higher taxes, more debt, and the time-honored system of political back-scratching of 'go along to get along.

"The fact is, party doesn’t matter when it comes to reform. If you want to change the policies, you have to change the process. That’s why in the next few weeks I will introduce a new constitutional amendment to limit members of the House of Representatives to three terms (which is six years), and members of the Senate to two terms (which is twelve years).

"As long as members have the chance to spend their lives in Washington, their interests will always skew toward fundraising, relationship building among lobbyists, and trading favors for pork—in short, amassing their own power. Since all that power is going to disappear in a few years anyway, term-limited legislators will be far less likely to make compromises with the system.

"Opponents of term limits say that the nation needs wise and seasoned leaders to lead the nation through crises and find consensus on difficult issues. Well, that’s exactly what we’ve got now.... How do you think it’s working out for us? It wasn’t the People who gave us a 12-trillion dollar debt, trillion-dollar deficits, 100-trillion-dollar long term shortfall in Social Security and Medicare, the Wall Street and auto bailouts, and the health care takeover. It was those wise and seasoned leaders, who enjoy lives of privilege almost wholly immune from the consequences of their policy failures.

"Term limits are not enough, of course. I hope my amendment will eventually be ratified, and then followed by other structural reforms to make our public institutions more transparent and accountable. But term limits are a good start. Because if we really want reform, we all know it’s not enough just to change the congressmen—we have to change Congress itself."

The fourth thing we need to win is for grass roots activists to raise such a clamor that this bill cannot be ignored and Congress members are afraid to vote against it.

So please, right now, go to the U.S. Terms Limits website and sign the on-line petition reiterating Sen. DeMint's call for term limits. And send around the link to all your friends and associates of all political persuasions.

If not now, when?