Congressional Term Limits: Unconstitutional by Initiative
Barnicle, Brendan
Citation analytics
How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.
Most recently cited by1
- 1995U. S. Term Limits, Inc. v. Thornton U.S.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Abstract
Numerous states are considering voters' initiatives limiting the terms of their congressional delegations. This Comment analyzes the constitutionality of these measures and concludes that congressional term limits are unconstitutional when enacted through voters' initiatives, but may be properly enacted through a federal constitutional amendment. Moreover, imposing term limits at all, regardless of their implementation, appears inconsistent with original intent of the Constitution's framers. Finally, previous amendments used to implement changes to the electoral process, and judicial decisions on such proposed changes, suggest that changes such as term limits must be enacted by constitutional amendment.