Term limits in the United States
Encyclopedia
Term limits in the United States apply to many offices at both the federal and state level, and date back to the American Revolution
.
. The ancient Roman Republic
featured a system of elected magistrates—tribunes of the plebs, aediles, quaestors, praetors, and consuls—who served a single term of one year, with reelection to the same magistracy forbidden for ten years. (See Cursus honorum
) According to historian
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
. 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
were educated in the classics, and quite familiar with rotation in office during antiquity. The debates of that day reveal a desire to study and profit from the object lessons offered by ancient democracy.
In 1783, rotation experiments were taking place at the state level. The Pennsylvania Constitution of 1776
set maximum service in the Pennsylvania General Assembly
at "four years in seven." Benjamin Franklin'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.
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
, written by Thomas Jefferson
, 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
(1781-1789]). The fifth Article stated that "no person shall be capable of being a delegate [to the continental congress] for more than three years in any term of six years."
at Philadelphia omitted mandatory term limits from the second national frame of government, i.e. the U.S. Constitution of 1787 to the present. Nonetheless, largely because of grassroots support for the principle of rotation, rapid turnover in Congress prevailed. Also, George Washington
set the precedent for a two-term tradition that prevailed (with the exception of Franklin Delano Roosevelt's four terms) until the 22nd Amendment of 1951.
However, 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
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 advised limits on reelection 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
, 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...."
According to Young, the tendency to look with mistrust upon political power was so ingrained into American culture that even the officeholders themselves perceived their occupations in a disparaging light. James Fenimore Cooper, the novelist, described the common view that "contact with the affairs of state is one of the most corrupting of the influences to which men are exposed." An article in the Richmond Enquirer (1822) noted that the "long cherished" principle of rotation in office had been impressed on the republican mind "by a kind of intuitive impulse, unassailable to argument or authority."
Beginning about the 1830s, Jacksonian democracy
introduced a less idealistic twist to the practice of limiting terms. Rotation in office came to mean taking turns in the distribution of political prizes. Rotation of nominations to the U.S. House of Representatives – the prizes – became a key element of payoffs to the party faithful. The leading lights in the local party machinery came to regard a nomination for the House as "salary" for political services rendered. A new code of political ethics evolved, based on the proposition that "turnabout is fair play." In short, rotation of nominations was intertwined with the spoils system
.
In district nominating conventions local leaders could negotiate and enforce agreements to pass the nominations around among themselves. Abraham Lincoln
was elected to the United States House of Representatives
in 1846 under such a bargain, and he returned home to Springfield
after a single congressional term because, he wrote, "to enter myself as a competitor of another, or to authorize anyone so to enter me, is what my word and honor forbid."
During the Civil War, the Confederate States constitution limited its president to a single six-year term.
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
, however, an officeholder class had developed to the point that congressional tenure rivaled that of the U.S. Supreme Court, where tenure is for life.
As they pertain to Congress, these laws are no longer enforceable, however, as in 1995, the U.S. Supreme Court overturned congressional term limits, ruling 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, U.S. Term Limits
found that in the 17 states where state legislators served in rotation, public support for term limits ranged from 60 to 78 percent.
As of 2007, 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 term limits. The U.S. Congress remains (since the Thornton decision
of 1995) without electoral limits.
originally started the tradition of informal Presidential term limits by refusing to run for a third term (and originally did not even want to run in the first place, much less for a second term). The short-lived Confederate States of America
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 American Civil War
, most notably by Rutherford B. Hayes
in his inaugural address.
Franklin D. Roosevelt
was the first and only American President to break Washington's tradition successfully. He died in office a few months after starting his fourth term. This gave rise to a successful move in Congress to restore the two-term tradition in the Presidency. As ratified in 1951, the Twenty-Second Amendment
states that "no person shall be elected to the office of President more than twice".
It limited members of the Senate to two six-year terms and members of the House to six two-year terms. Because the Republicans held 230 seats in the House, they were able to get a simple majority. However, constitutional amendments require a two-thirds majority, or 290 votes (in the House), and the votes to impose term limits on Congress fell short of that number.
In May 1995, the United States Supreme Court ruled 5-4 in U.S. Term Limits, Inc. v. Thornton
, that states cannot impose term limits upon their federal
Representatives or Senators
.
Earlier that Spring, the U.S. Congress had given the Court assurance that the Justices would be acting only against state statutes, not overturning an act of Congress. The hopes of some that Congress would self-impose term limits had abruptly come to an end. Congressional term limits had been featured prominently in the Republican Party
's Contract with America
in the 1994 election campaign, and may well have contributed to the Republican Revolution
, as the Republicans wrested control of the House of Representatives from the Democratic Party
for the first time since the 1952 elections
.
The Republican leadership brought to the floor of the House a constitutional amendment
that would limit House members to six two-year terms and members of the U.S. Senate to two six-year terms. However, this rate of rotation was so slow (the life-tenured Supreme Court averages in the vicinity of twelve years) that the congressional version of term-limits garnered little support among the populist backers of term limits, including U.S. Term Limits
, the largest private organization pushing for Congressional term limits. (U.S. Term Limits wanted House members to be limited to three two-year terms.)
With the Republicans holding 230 seats in the House, three versions of the amendment got well under 200 votes, while the 12 year term-limits which overrode all the more stringent state measures managed a bare majority in the House of 227-204, well short of the requisite two-thirds majority (290 votes) required to pass a constitutional amendment.
Defeated in Congress and overridden by the Supreme Court, this populist uprising was brought to a halt for the purpose of reforming the federal government. The term limits intended simultaneously to reform legislatures (as distinguished from the congressional delegations) remain in force, however, in fifteen states.
In 2007, Professor Larry J. Sabato revived the debate over term limits by arguing in A More Perfect Constitution
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.
Many of the proposals center around a term limit for Justices that would be 18 years (Larry Sabato , Professor of Political Science at University of Virginia, suggested between 15 and 18 years). The proposed staggered term limits of 18 years would, according to Calebresi, Lindgren (2006) and Carrington (2005), allow for a new appointment to the Court every two years, which in effect would allow every President at least two appointments. Professor 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 behaviour.’” The idea was not without support among Judges, as John Roberts supported term limits before he was appointed to the Supreme Court as Chief Justice. Calebresi, Lingren, 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’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. 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 or she seems healthy, 48% said “no limit as long as he or she is healthy,” while 31% agreed that anyone over the age of 70 is too old.
-- the upper house of the colonial legislature. The Delaware Constitution of 1776
limited the governor to a single three-year term; currently, the governor of Delaware can serve two 4-year terms.
At present, 36 states have term limits of various types for their governors. To circumvent the term limit in Alabama
incumbent governor George Wallace
pushed through the nomination of his wife Lurleen
, in the 1966 Democratic primary which was, in those days, the real contest in Alabama. It was generally understood that Ms. Wallace would only be a titular governor while her husband continued to hold the real power. She won the election, but only served 17 months before dying in 1968.
As indicated above, in fifteen state legislatures the members serve in rotation, i.e., under term limits enacted during the reforms of the early 1990s. In another six states, however, state legislatures have either overturned their own limits or state supreme court
s have ruled such limits unconstitutional. In 2002 the Idaho Legislature
became the first legislature of its kind to repeal its own term limits, enacted by a public vote in 1994, ostensibly because it applied to local officials along with the legislature.
, with the exception of Wyoming
, whose limits are found in its statutes. Territorial term limits are prescribed by its constitution in the Northern Mariana Islands, the Organic Act
s in Guam and the U.S. Virgin Islands, and by statute in American Samoa.
Unique in its restriction, Virginia prohibits its governors
from succeeding themselves, although former governors are re-eligible after four years out of office. Many other states formerly had this prohibition, but all eliminated it by 2000.
The governors of the following states and territories are limited to two consecutive terms, but are re-eligible after four years out of office: Alabama, Alaska, Arizona, Colorado
, Florida, Georgia, Hawaii
, Kansas
, Kentucky
, Louisiana, Maine
, Maryland
, Nebraska
, New Jersey
, New Mexico, North Carolina
, Ohio, Oklahoma
, Pennsylvania, Rhode Island, South Carolina
, South Dakota
, Tennessee, West Virginia, American Samoa, Guam, and the U.S. Virgin Islands. Equivalently, the Governors of Indiana
and Oregon
are limited to serving 8 out of any 12 years. Conversely, the Governors of Montana and Wyoming are restricted to two terms, limited to serving 8 out of any 16 years. Finally, the governors of the following states and territory are absolutely limited (for life) to two terms: Arkansas, California
, Delaware, Michigan
, Mississippi, Missouri, Nevada, and the Northern Mariana Islands.
Oklahoma passed a lifetime term limits initiative on November 2, 2010 which strictly limits the governor to only eight years maximum in office.
The Governors of New Hampshire
and Vermont
may serve unlimited two year terms. The chief executives in the following states, district, and territory may serve unlimited four year terms: Connecticut, Idaho, Illinois
, Iowa, Massachusetts
, Minnesota
, New York
, North Dakota
, Texas
, Utah, Washington, Wisconsin
, District of Columbia, and Puerto Rico
. The Governor of Utah was formerly limited to serving three terms, but all term limit laws were later repealed by the legislature.
have term limits. In Philadelphia, Pennsylvania
, the mayor cannot be elected three consecutive times, but there is no limit on how long any individual can serve as mayor. Frank Rizzo
was elected mayor in 1971 and 1975; he attempted to repeal the term limit, but failed and could not run in 1979. He ran unsuccessfully for the Democratic nomination for mayor in 1983 but he lost to Wilson Goode. In 1986, he switched to the Republican Party, and ran as a Republican in the mayoral elections of 1987 and 1991.
Limits vary from city to city even within the same state. For example Houston, Texas
has a 3- two year term limit while San Antonio, Texas
has a 4- two year term limit. Both Houston and San Antonio's term limits are absolute - elected officeholders are ineligible to run for the same position where seeking higher office is common.
A two-term limit was imposed on New York City Council
members and citywide elected officials (except for district attorney
s) in New York City
after a 1993 referendum
(see the Charter of the City of New York, §1138). On November 3, 2008, however, mayor Michael Bloomberg
signed a bill extending the two-term limit to a three-term limit and has now been elected to a third term.
In Cincinnati, Ohio
, the term limit for mayor is two successive four-year terms. Council members are limited to four successive two-year terms. There is no limit to total terms that may be served, just a limit on successive terms.
American Revolution
The American Revolution was the political upheaval during the last half of the 18th century in which thirteen colonies in North America joined together to break free from the British Empire, combining to become the United States of America...
.
Pre-constitution
Term limits, or rotation in office, date back to the American Revolution, and prior to that to the democracies and republics of antiquity. The council of 500 in ancient Athens rotated its entire membership annually, as did the ephorate in ancient SpartaSparta
Sparta or Lacedaemon, was a prominent city-state in ancient Greece, situated on the banks of the River Eurotas in Laconia, in south-eastern Peloponnese. It emerged as a political entity around the 10th century BC, when the invading Dorians subjugated the local, non-Dorian population. From c...
. The ancient Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
featured a system of elected magistrates—tribunes of the plebs, aediles, quaestors, praetors, and consuls—who served a single term of one year, with reelection to the same magistracy forbidden for ten years. (See Cursus honorum
Cursus honorum
The cursus honorum was the sequential order of public offices held by aspiring politicians in both the Roman Republic and the early Empire. It was designed for men of senatorial rank. The cursus honorum comprised a mixture of military and political administration posts. Each office had a minimum...
) According to historian
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 study of all history in time. If the individual is...
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
Corruption usually refers to spiritual or moral impurity.Corruption may also refer to:* Corruption , an American crime film* Corruption , a British horror film...
. 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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
were educated in the classics, and quite familiar with rotation in office during antiquity. The debates of that day reveal a desire to study and profit from the object lessons offered by ancient democracy.
In 1783, rotation experiments were taking place at the state level. The Pennsylvania Constitution of 1776
Pennsylvania Constitution of 1776
The Pennsylvania Constitution of 1776 was the state's first constitution following the Declaration of Independence, and has been described as the most democratic in America. It was drafted by Robert Whitehill, Timothy Matlack, Dr. Thomas Young, George Bryan, James Cannon, and Benjamin Franklin...
set maximum service in the Pennsylvania General Assembly
Pennsylvania General Assembly
The Pennsylvania General Assembly is the state legislature of the U.S. state of Pennsylvania. The legislature convenes in the State Capitol building in Harrisburg. In colonial times , the legislature was known as the Pennsylvania Provincial Assembly. Since the Constitution of 1776, written by...
at "four years in seven." Benjamin Franklin's
Benjamin Franklin
Dr. Benjamin Franklin was one of the Founding Fathers of the United States. A noted polymath, Franklin was a leading author, printer, political theorist, politician, postmaster, scientist, musician, inventor, satirist, civic activist, statesman, and diplomat...
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.
On October 2, 1789, the Continental Congress
Continental Congress
The Continental Congress was a convention of delegates called together from the Thirteen Colonies that became the governing body of the United States during the American Revolution....
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
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, written by Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
, 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
Articles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
(1781-1789]). The fifth Article stated that "no person shall be capable of being a delegate [to the continental congress] for more than three years in any term of six years."
Term limits in the Constitution
In contrast to the Articles of Confederation, the federal constitution conventionPhiladelphia Convention
The Constitutional Convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania, to address problems in governing the United States of America, which had been operating under the Articles of Confederation following independence from...
at Philadelphia omitted mandatory term limits from the second national frame of government, i.e. the U.S. Constitution of 1787 to the present. Nonetheless, largely because of grassroots support for the principle of rotation, rapid turnover in Congress prevailed. Also, George Washington
George Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
set the precedent for a two-term tradition that prevailed (with the exception of Franklin Delano Roosevelt's four terms) until the 22nd Amendment of 1951.
However, 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
Richard Henry Lee was an American statesman from Virginia best known for the motion in the Second Continental Congress calling for the colonies' independence from Great Britain. He was a signatory to the Articles of Confederation and his famous resolution of June 1776 led to the United States...
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 advised limits on reelection 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
Mercy Otis Warren was a political writer and propagandist of the American Revolution. In the eighteenth century, topics such as politics and war were thought to be the province of men. Few women had the education or training to write about these subjects. Warren was the exception...
, 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...."
19th Century
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. For a detailed study of the 19th century concepts of rotation let the reader consult Political Science Quarterly, vol. 94, "House Turnover and the Principle of Rotation," by Robert Struble, Jr. See also his Treatise on Twelve Lights, chapter six, "Rotation in History". Consult also, James Young's The Washington Community, 1800-1828.According to Young, the tendency to look with mistrust upon political power was so ingrained into American culture that even the officeholders themselves perceived their occupations in a disparaging light. James Fenimore Cooper, the novelist, described the common view that "contact with the affairs of state is one of the most corrupting of the influences to which men are exposed." An article in the Richmond Enquirer (1822) noted that the "long cherished" principle of rotation in office had been impressed on the republican mind "by a kind of intuitive impulse, unassailable to argument or authority."
Beginning about the 1830s, Jacksonian democracy
Jacksonian democracy
Jacksonian democracy is the political movement toward greater democracy for the common man typified by American politician Andrew Jackson and his supporters. Jackson's policies followed the era of Jeffersonian democracy which dominated the previous political era. The Democratic-Republican Party of...
introduced a less idealistic twist to the practice of limiting terms. Rotation in office came to mean taking turns in the distribution of political prizes. Rotation of nominations to the U.S. House of Representatives – the prizes – became a key element of payoffs to the party faithful. The leading lights in the local party machinery came to regard a nomination for the House as "salary" for political services rendered. A new code of political ethics evolved, based on the proposition that "turnabout is fair play." In short, rotation of nominations was intertwined with the spoils system
Spoils system
In the politics of the United States, a spoil system is a practice where a political party, after winning an election, gives government jobs to its voters as a reward for working toward victory, and as an incentive to keep working for the party—as opposed to a system of awarding offices on the...
.
In district nominating conventions local leaders could negotiate and enforce agreements to pass the nominations around among themselves. Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
was elected to the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
in 1846 under such a bargain, and he returned home to Springfield
Springfield, Illinois
Springfield is the third and current capital of the US state of Illinois and the county seat of Sangamon County with a population of 117,400 , making it the sixth most populated city in the state and the second most populated Illinois city outside of the Chicago Metropolitan Area...
after a single congressional term because, he wrote, "to enter myself as a competitor of another, or to authorize anyone so to enter me, is what my word and honor forbid."
During the Civil War, the Confederate States constitution limited its president to a single six-year term.
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
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, however, an officeholder class had developed to the point that congressional tenure rivaled that of the U.S. Supreme Court, where tenure is for life.
Term limits movement
"Homesteading" in Congress, made possible by reelection rates that approached 100% by the end of the 20th century, brought about a popular insurgency known as the "term-limits movement". The elections of 1990-94 saw the adoption of term limits for state legislatures in almost every state where citizens had the power of the initiative. In addition 23 states limited service in their delegation to Congress, with the general formula being three terms [six years] in the U.S. House and two terms [twelve years] in the U.S. Senate.As they pertain to Congress, these laws are no longer enforceable, however, as in 1995, the U.S. Supreme Court overturned congressional term limits, ruling 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, U.S. Term Limits
U.S. Term Limits
U.S. Term Limits is a non-profit organization that lobbies for term limits for elected officials at every level of government in the United States. Among other activities, USTL supports ballot initiatives in numerous states. The organization was established in 1992, and is one of several led by...
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
| Federal Limits | Notes |
|---|---|
| President of the United States President of the United States The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.... |
Limited to being elected to a total of two 4-year terms (except that a president who has already completed more than 2 years of an unfinished term may be elected in his own right only once), theoretically may succeed to the office an unlimited number of times |
| United States Senate United States Senate The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each... |
Unlimited 6-year terms |
| U.S. House of Representatives United States House of Representatives The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution... |
Unlimited 2-year terms |
| Supreme Court Supreme Court of the United States The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases... |
No term limits - Appointed to serve "during good Behaviour" (but can be impeached and removed from office for "high Crimes and Misdemeanors"): in practice a Justice serves until stepping down (by retirement or resignation) |
As of 2007, 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 term limits. The U.S. Congress remains (since the Thornton decision
U.S. Term Limits, Inc. v. Thornton
U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 ,was a case in which the Supreme Court of the United States ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those specified in the Constitution. The decision invalidated the Congressional...
of 1995) without electoral limits.
President
President George WashingtonGeorge Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
originally started the tradition of informal Presidential term limits by refusing to run for a third term (and originally did not even want to run in the first place, much less for a second term). The short-lived Confederate States of America
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
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 American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, most notably by Rutherford B. Hayes
Rutherford B. Hayes
Rutherford Birchard Hayes was the 19th President of the United States . As president, he oversaw the end of Reconstruction and the United States' entry into the Second Industrial Revolution...
in his inaugural address.
Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
was the first and only American President to break Washington's tradition successfully. He died in office a few months after starting his fourth term. This gave rise to a successful move in Congress to restore the two-term tradition in the Presidency. As ratified in 1951, the Twenty-Second Amendment
Twenty-second Amendment to the United States Constitution
The Twenty-second Amendment of the United States Constitution sets a term limit for the President of the United States. The Congress passed the amendment on March 21, 1947...
states that "no person shall be elected to the office of President more than twice".
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. In the elections of 1994, part of the Republican platform was to pass legislation setting term limits in Congress. After winning the majority, they brought a constitutional amendment to the House floor.It limited members of the Senate to two six-year terms and members of the House to six two-year terms. Because the Republicans held 230 seats in the House, they were able to get a simple majority. However, constitutional amendments require a two-thirds majority, or 290 votes (in the House), and the votes to impose term limits on Congress fell short of that number.
In May 1995, the United States Supreme Court ruled 5-4 in U.S. Term Limits, Inc. v. Thornton
U.S. Term Limits, Inc. v. Thornton
U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 ,was a case in which the Supreme Court of the United States ruled that states cannot impose qualifications for prospective members of the U.S. Congress stricter than those specified in the Constitution. The decision invalidated the Congressional...
, that states cannot impose term limits upon their federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
Representatives or Senators
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
.
Earlier that Spring, the U.S. Congress had given the Court assurance that the Justices would be acting only against state statutes, not overturning an act of Congress. The hopes of some that Congress would self-impose term limits had abruptly come to an end. Congressional term limits had been featured prominently in the Republican Party
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
's Contract with America
Contract with America
The Contract with America was a document released by the United States Republican Party during the 1994 Congressional election campaign. Written by Larry Hunter, who was aided by Newt Gingrich, Robert Walker, Richard Armey, Bill Paxon, Tom DeLay, John Boehner and Jim Nussle, and in part using text...
in the 1994 election campaign, and may well have contributed to the Republican Revolution
Republican Revolution
The Republican Revolution or Revolution of '94 is what the media dubbed Republican Party success in the 1994 U.S. midterm elections, which resulted in a net gain of 54 seats in the House of Representatives, and a pickup of eight seats in the Senate...
, as the Republicans wrested control of the House of Representatives from the Democratic Party
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
for the first time since the 1952 elections
United States House election, 1952
The U.S. House election, 1952 was an election for the United States House of Representatives in 1952 which coincided with the election of President Dwight Eisenhower. Eisenhower's Republican Party gained 22 seats from the Democratic Party, gaining a majority of the House...
.
The Republican leadership brought to the floor of the House a constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
that would limit House members to six two-year terms and members of the U.S. Senate to two six-year terms. However, this rate of rotation was so slow (the life-tenured Supreme Court averages in the vicinity of twelve years) that the congressional version of term-limits garnered little support among the populist backers of term limits, including U.S. Term Limits
U.S. Term Limits
U.S. Term Limits is a non-profit organization that lobbies for term limits for elected officials at every level of government in the United States. Among other activities, USTL supports ballot initiatives in numerous states. The organization was established in 1992, and is one of several led by...
, the largest private organization pushing for Congressional term limits. (U.S. Term Limits wanted House members to be limited to three two-year terms.)
With the Republicans holding 230 seats in the House, three versions of the amendment got well under 200 votes, while the 12 year term-limits which overrode all the more stringent state measures managed a bare majority in the House of 227-204, well short of the requisite two-thirds majority (290 votes) required to pass a constitutional amendment.
Defeated in Congress and overridden by the Supreme Court, this populist uprising was brought to a halt for the purpose of reforming the federal government. The term limits intended simultaneously to reform legislatures (as distinguished from the congressional delegations) remain in force, however, in fifteen states.
In 2007, Professor Larry J. Sabato revived the debate over term limits by arguing in A More Perfect Constitution
A More Perfect Constitution
A More Perfect Constitution is a non-fiction book by American political scientist Larry J. Sabato, published in 2007. In it, Sabato calls for a new constitutional convention to update the United States Constitution....
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
Constitutional convention (political meeting)
A constitutional convention is now a gathering for the purpose of writing a new constitution or revising an existing constitution. A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution...
be used to accomplish the amendment, since the Congress would be unlikely to propose and adopt any amendment that limits its own power.
Supreme Court
There has been discussion among legal scholars about 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 behaviour.” 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. 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 has allowed Justices to serve for longer than ever before. This, according to Steven G. Calebresi and James Lindgren, professors of law at Northwestern University, argued that, because vacancies in the court are occurring with less frequency and justices served on average, between 1971 and 2006, for 26.1 years, 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, Paul Carrington’s 2005 “The Supreme Court Renewal Act of 2005.”Many of the proposals center around a term limit for Justices that would be 18 years (Larry Sabato , Professor of Political Science at University of Virginia, suggested between 15 and 18 years). The proposed staggered term limits of 18 years would, according to Calebresi, Lindgren (2006) and Carrington (2005), allow for a new appointment to the Court every two years, which in effect would allow every President at least two appointments. Professor 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 behaviour.’” The idea was not without support among Judges, as John Roberts supported term limits before he was appointed to the Supreme Court as Chief Justice. Calebresi, Lingren, 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’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. 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 or she seems healthy, 48% said “no limit as long as he or she is healthy,” while 31% agreed that anyone over the age of 70 is too old.
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, provided for triennial rotation of the provincial councilPennsylvania Provincial Council
The Pennsylvania Provincial Council helped govern the Province of Pennsylvania from 1682 to 1776.-References:*----...
-- the upper house of the colonial legislature. The Delaware Constitution of 1776
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 replaced in 1792 by a new Constitution.-Background:...
limited the governor to a single three-year term; currently, the governor of Delaware can serve two 4-year terms.
At present, 36 states have term limits of various types for their governors. To circumvent the term limit in Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
incumbent governor George Wallace
George Wallace
George Corley Wallace, Jr. was the 45th Governor of Alabama, serving four terms: 1963–1967, 1971–1979 and 1983–1987. "The most influential loser" in 20th-century U.S. politics, according to biographers Dan T. Carter and Stephan Lesher, he ran for U.S...
pushed through the nomination of his wife Lurleen
Lurleen Wallace
Lurleen Brigham Wallace , born in Tuscaloosa, Alabama, was the 46th Governor of Alabama from 1967 until her death in 1968. She was the first wife of Alabama Governor George Wallace, whom she succeeded as governor. She succeeded her husband as he was forbidden by Alabama law to succeed himself. She...
, in the 1966 Democratic primary which was, in those days, the real contest in Alabama. It was generally understood that Ms. Wallace would only be a titular governor while her husband continued to hold the real power. She won the election, but only served 17 months before dying in 1968.
As indicated above, in fifteen state legislatures the members serve in rotation, i.e., under term limits enacted during the reforms of the early 1990s. In another six states, however, state legislatures have either overturned their own limits or state supreme court
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
s have ruled such limits unconstitutional. In 2002 the Idaho Legislature
Idaho Legislature
The Idaho Legislature is the state legislature of the U.S. state of Idaho. It consists of the upper Idaho Senate and the lower Idaho House of Representatives. The Idaho Senate contains 35 Senators, who are elected from 35 districts...
became the first legislature of its kind to repeal its own term limits, enacted by a public vote in 1994, ostensibly because it applied to local officials along with the legislature.
Gubernatorial term limits
Governors of 36 states and 4 territories are subject to various term limits, while the governors of 14 states, Puerto Rico, and the Mayor of Washington, D.C. may serve an unlimited number of times. Each state's gubernatorial term limits are prescribed by its state constitutionState constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
, with the exception of Wyoming
Term limits in Wyoming
In the U.S. state of Wyoming, the state legislature passed a bill limiting the office of Governor to two consecutive terms after Democratic Governor Edgar Herschler served three terms into the mid-1980s. Then in 1992, voters approved term limits by ballot initiative....
, whose limits are found in its statutes. Territorial term limits are prescribed by its constitution in the Northern Mariana Islands, the Organic Act
Organic Act
An Organic Act, in United States law, is an Act of the United States Congress that establishes a territory of the United States or an agency to manage certain federal lands. The first such act was the Northwest Ordinance, enacted by the Congress of the Confederation in 1787 in order to create the...
s in Guam and the U.S. Virgin Islands, and by statute in American Samoa.
Unique in its restriction, Virginia prohibits its governors
Governor of Virginia
The governor of Virginia serves as the chief executive of the Commonwealth of Virginia for a four-year term. The position is currently held by Republican Bob McDonnell, who was inaugurated on January 16, 2010, as the 71st governor of Virginia....
from succeeding themselves, although former governors are re-eligible after four years out of office. Many other states formerly had this prohibition, but all eliminated it by 2000.
The governors of the following states and territories are limited to two consecutive terms, but are re-eligible after four years out of office: Alabama, Alaska, Arizona, Colorado
Governor of Colorado
The Governor of Colorado is the head of the executive branch of Colorado's government and the commander-in-chief of the state's military forces. The governor has a duty to enforce state laws, and the power to either approve or veto bills passed by the Colorado General Assembly, to convene the...
, Florida, Georgia, Hawaii
Governor of Hawaii
The Governor of Hawaii is the chief executive of the state of Hawaii and its various agencies and departments, as provided in the Hawaii State Constitution Article V, Sections 1 through 6. It is a directly elected position, votes being cast by popular suffrage of residents of the state...
, Kansas
Governor of Kansas
The Governor of the State of Kansas is the head of state for the State of Kansas, United States. Under the Kansas Constitution, the Governor is also the head of government, serving as the chief executive of the Kansas executive branch, of the government of Kansas. The Governor is the...
, Kentucky
Governor of Kentucky
The Governor of the Commonwealth of Kentucky is the head of the executive branch of government in the U.S. state of Kentucky. Fifty-six men and one woman have served as Governor of Kentucky. The governor's term is four years in length; since 1992, incumbents have been able to seek re-election once...
, Louisiana, Maine
Governor of Maine
The governor of Maine is the chief executive of the State of Maine. Before Maine was admitted to the Union in 1820, Maine was part of Massachusetts and the governor of Massachusetts was chief executive....
, Maryland
Governor of Maryland
The Governor of Maryland heads the executive branch of the government of Maryland, and he is the commander-in-chief of the state's National Guard units. The Governor is the highest-ranking official in the state, and he has a broad range of appointive powers in both the State and local governments,...
, Nebraska
Governor of Nebraska
The Governor of Nebraska holds the "supreme executive power" of the State of Nebraska as provided by the fourth article of the Nebraska Constitution. The current Governor is Dave Heineman, a Republican, who assumed office on January 20, 2005 upon the resignation of Mike Johanns . He won a full...
, New Jersey
Governor of New Jersey
The Office of the Governor of New Jersey is the executive branch for the U.S. state of New Jersey. The office of Governor is an elected position, for which elected officials serve four year terms. While individual politicians may serve as many terms as they can be elected to, Governors cannot be...
, New Mexico, North Carolina
Governor of North Carolina
The Governor of North Carolina is the chief executive of the State of North Carolina, one of the U.S. states. The current governor is Bev Perdue, North Carolina's first female governor.-Powers:...
, Ohio, Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
, Pennsylvania, Rhode Island, South Carolina
Governor of South Carolina
The Governor of the State of South Carolina is the head of state for the State of South Carolina. Under the South Carolina Constitution, the Governor is also the head of government, serving as the chief executive of the South Carolina executive branch. The Governor is the ex officio...
, South Dakota
Governor of South Dakota
The Governor of South Dakota is the head of the executive branch of the government of South Dakota. They are elected to a four year term on even years when there is no Presidential election. The current governor is Dennis Daugaard, a Republican elected in 2010....
, Tennessee, West Virginia, American Samoa, Guam, and the U.S. Virgin Islands. Equivalently, the Governors of Indiana
Governor of Indiana
The Governor of Indiana is the chief executive of the state of Indiana. The governor is elected to a four-year term, and responsible for overseeing the day-to-day management of the functions of many agencies of the Indiana state government. The governor also shares power with other statewide...
and Oregon
Governor of Oregon
The Governor of Oregon is the top executive of the government of the U.S. state of Oregon. The title of governor was also applied to the office of Oregon's chief executive during the provisional and U.S. territorial governments....
are limited to serving 8 out of any 12 years. Conversely, the Governors of Montana and Wyoming are restricted to two terms, limited to serving 8 out of any 16 years. Finally, the governors of the following states and territory are absolutely limited (for life) to two terms: Arkansas, California
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
, Delaware, Michigan
Governor of Michigan
The Governor of Michigan is the chief executive of the U.S. State of Michigan. The current Governor is Rick Snyder, a member of the Republican Party.-Gubernatorial elections and term of office:...
, Mississippi, Missouri, Nevada, and the Northern Mariana Islands.
Oklahoma passed a lifetime term limits initiative on November 2, 2010 which strictly limits the governor to only eight years maximum in office.
The Governors of New Hampshire
Governor of New Hampshire
The Governor of the State of New Hampshire is the supreme executive magistrate of the U.S. state of New Hampshire.The governor is elected at the biennial state general election in November of even-numbered years. New Hampshire is one of only two states, along with bordering Vermont, to hold...
and Vermont
Governor of Vermont
The Governor of Vermont is the governor of the U.S. state of Vermont. The governor is elected in even numbered years by direct voting for a term of two years; Vermont and bordering New Hampshire are the only states to hold gubernatorial elections every two years, instead of every four...
may serve unlimited two year terms. The chief executives in the following states, district, and territory may serve unlimited four year terms: Connecticut, Idaho, Illinois
Governor of Illinois
The Governor of Illinois is the chief executive of the State of Illinois and the various agencies and departments over which the officer has jurisdiction, as prescribed in the state constitution. It is a directly elected position, votes being cast by popular suffrage of residents of the state....
, Iowa, Massachusetts
Governor of Massachusetts
The Governor of the Commonwealth of Massachusetts is the executive magistrate of the Commonwealth of Massachusetts, United States. The current governor is Democrat Deval Patrick.-Constitutional role:...
, Minnesota
Governor of Minnesota
The Governor of Minnesota is the chief executive of the U.S. state of Minnesota, leading the state's executive branch. Forty different people have been governors of the state, though historically there were also three governors of Minnesota Territory. Alexander Ramsey, the first territorial...
, New York
Governor of New York
The Governor of the State of New York is the chief executive of the State of New York. The governor is the head of the executive branch of New York's state government and the commander-in-chief of the state's military and naval forces. The officeholder is afforded the courtesy title of His/Her...
, North Dakota
Governor of North Dakota
The Governor of North Dakota is the chief executive of North Dakota. The current Governor is Jack Dalrymple. The Governor has the right to sign and laws, and to call the Legislative Assembly, into emergency session. The Governor is also chairman of the North Dakota Industrial Commission. The...
, Texas
Governor of Texas
The governor of Texas is the head of the executive branch of Texas's government and the commander-in-chief of the state's military forces. The governor has the power to either approve or veto bills passed by the Texas Legislature, and to convene the legislature...
, Utah, Washington, Wisconsin
Governor of Wisconsin
The Governor of Wisconsin is the highest executive authority in the government of the U.S. state of Wisconsin. The position was first filled by Nelson Dewey on June 7, 1848, the year Wisconsin became a state...
, District of Columbia, and Puerto Rico
Governor of Puerto Rico
The Governor of Puerto Rico is the Head of Government of the Commonwealth of Puerto Rico. Since 1948, the Governor has been elected by the people of Puerto Rico...
. The Governor of Utah was formerly limited to serving three terms, but all term limit laws were later repealed by the legislature.
State legislatures with term limits
The following 15 legislatures have term limits:- Arizona LegislatureArizona LegislatureThe Arizona 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. There are 60 Representatives and 30 Senators...
: four consecutive two-year terms for both houses (eight years). No limit on total number of terms. - Arkansas General AssemblyArkansas General AssemblyThe Arkansas General Assembly 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 members. All 135 representatives and state senators...
: three two-year terms for HouseArkansas House of RepresentativesThe Arkansas House of Representatives is the lower house of the Arkansas General Assembly, the state legislature of the U.S. state of Arkansas. The House is composed of 100 members elected from an equal amount of constituencies across the state. Each district has an average population of 26,734...
members (six years) and two four-year terms for SenateArkansas SenateThe Arkansas State Senate is the upper branch of the Arkansas General Assembly. The Senate consists of 35 members, each representing a district with about 76,000 people. Service in the state legislature is part-time, and many state senators have full-time jobs during the rest of the year. The...
members (eight years). - California State LegislatureCalifornia State LegislatureThe California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...
: three two-year terms for AssemblyCalifornia State AssemblyThe California State Assembly is the lower house of the California State Legislature. There are 80 members in the Assembly, representing an approximately equal number of constituents, with each district having a population of at least 420,000...
members (six years) and two four-year terms for SenateCalifornia State SenateThe California State Senate is the upper house of the California State Legislature. There are 40 state senators. The state legislature meets in the California State Capitol in Sacramento. The Lieutenant Governor is the ex officio President of the Senate and may break a tied vote...
members (eight years). - Colorado General AssemblyColorado General AssemblyThe Colorado General Assembly is the state legislature of the State of Colorado.-Constitutional definition:The Colorado Constitution establishes a system of government based on the separation of powers doctrine with power divided among three "departments": executive, legislative and judicial...
: four consecutive two-year terms in the House (eight years) and two consecutive four-year terms in the Senate (eight years). - Florida LegislatureFlorida LegislatureThe Florida State Legislature is the term often used to refer to the two houses that act as the state legislature of the U.S. state of Florida. The Florida Constitution states that "The legislative power of the state shall be vested in a legislature of the State of Florida," composed of a Senate...
: may serve no more than eight years in either house. - Louisiana State LegislatureLouisiana State LegislatureThe Louisiana State Legislature is the state legislature of the U.S. state of Louisiana. It is bicameral body, comprising the lower house, the Louisiana House of Representatives with 105 representatives, and the upper house, the Louisiana Senate with 39 senators...
: three four-year terms for both houses (twelve years). - Maine LegislatureMaine LegislatureThe 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...
: four two-year terms for both houses (eight years). - Michigan LegislatureMichigan LegislatureThe Michigan Legislature is the legislative assembly of the U.S. state of Michigan. It is organized as a bicameral body consisting of the Senate, the upper house, and the House of Representatives, the lower house. Article IV of the state's Constitution, adopted in 1963, defines the role of the...
: three two-year terms for House members (six years) and two four-year terms for SenateMichigan SenateThe Michigan Senate is the upper house of the Michigan Legislature. The Senate consists of 38 members, who are elected from constituencies having approximately 212,400 to 263,500 residents....
members (eight years). - Missouri General AssemblyMissouri General AssemblyThe 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 subject to term limits...
: four consecutive two-year terms for HouseMissouri House of RepresentativesThe Missouri House of Representatives is the lower chamber of the Missouri General Assembly. It has 163 members, representing districts with an average size of 31,000 residents. House members are elected for two-year terms during general elections held in even-numbered years.In 1992 Missouri...
members (eight years) and two four-year consecutive terms for SenateMissouri SenateThe Missouri State Senate is the upper chamber of the Missouri General Assembly. It has 34 members, representing districts with an average population of 160,000...
members (eight years). Members may be elected again to the other house, but not serve more than 16 years. - Montana State LegislatureMontana State LegislatureThe 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....
: four two-year terms for HouseMontana House of RepresentativesThe Montana House of Representatives is, with the Montana Senate, one of the two houses of the Montana Legislature. Composed of 100 members, the House elects its leadership every two years.-Composition of the House:...
members (eight years) in any sixteen year period and two four-year terms for SenateMontana SenateThe Montana Senate is the upper house of the Montana State Legislature, the state legislative branch of the U.S. state of Montana. The body is composed of 50 senators.-Composition of the Senate:-Officers:*Majority Whip: Greg Barkus...
members (eight years) in any sixteen year period. - Nebraska LegislatureNebraska LegislatureThe Nebraska Legislature is the supreme legislative body of the State of Nebraska, in the Great Plains region of the United States. The Legislature meets at the Nebraska State Capitol in the City of Lincoln, Lancaster County....
: two four-year terms (eight years). - Nevada LegislatureNevada LegislatureThe Nevada Legislature is the state legislature of the U.S. state of Nevada. The Legislature is a bicameral body, consisting of the lower house Nevada Assembly, with 42 members, and the upper house Nevada Senate, with 21 members. All 63 members of the Legislature are elected from an equal amount of...
: six two-year terms for AssemblyNevada AssemblyThe Nevada Assembly is the lower house of the Nevada Legislature, the state legislature of the U.S. state of Nevada. The body consists of 42 members, elected to two-year terms from single-member districts. Each Assembly district contained approximately 47,400 people as of the 2000 census, although...
members (twelve years) and three four-year terms for SenateNevada SenateThe Nevada Senate is the upper house of the Nevada Legislature, the state legislature of U.S. state of Nevada. The Senate consists of 21 members from 19 districts, two of which are multimember. Each senator represented approximately 94,700 people as of the 2000 census, although 2006 Census Bureau...
members (twelve years). - Ohio General AssemblyOhio General AssemblyThe 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...
: four consecutive two-year terms for HouseOhio House of RepresentativesThe Ohio House of Representatives is the lower house of the Ohio General Assembly, the state legislature of the U.S. state of Ohio; the other house of the bicameral legislature being the Ohio Senate....
members (eight years) and two consecutive four-year terms for SenateOhio SenateThe Ohio State Senate is the upper house of the Ohio General Assembly, the legislative body for the U.S. state of Ohio. There are 33 State Senators. The state legislature meets in the state capital, Columbus. The President of the Senate presides over the body when in session, and is currently Tom...
members (eight years). - Oklahoma LegislatureOklahoma LegislatureThe Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
: six two-year terms for HouseOklahoma House of RepresentativesThe Oklahoma House of Representatives is the lower house of the Oklahoma Legislature, the legislative body of the U.S. state of Oklahoma. Its members are responsible for introducing and voting on bills and resolutions, providing legislative oversight for state agencies, and helping to craft the...
members (twelve years) and three four-year terms for SenateOklahoma SenateThe Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
members (twelve years). Once term-limited in one house, a legislator cannot be elected to the other. - South Dakota LegislatureSouth Dakota LegislatureThe 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 has 70 members...
: four two-year terms for both houses (eight years).
Overturned or repealed state legislative term limits
The following six legislatures have had their term limits nullified:- Idaho LegislatureIdaho LegislatureThe Idaho Legislature is the state legislature of the U.S. state of Idaho. It consists of the upper Idaho Senate and the lower Idaho House of Representatives. The Idaho Senate contains 35 Senators, who are elected from 35 districts...
: the Legislature repealed its own term limits in 2002. - Massachusetts General CourtMassachusetts General CourtThe Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
: the Massachusetts Supreme Judicial CourtMassachusetts Supreme Judicial CourtThe Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
overturned term limits in 1997. - Oregon Legislative AssemblyOregon Legislative AssemblyThe Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
: the Oregon Supreme CourtOregon Supreme CourtThe Oregon Supreme Court 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. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
ruled term limits unconstitutional in 2002. See term limits in OregonTerm limits in OregonTerm limits legislation – term limits for state and federal office-holders – has been a recurring political issue in the U.S. state of Oregon since 1992...
. - Utah State LegislatureUtah State LegislatureThe 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 Representatives, and the Utah Senate, with 29 State Senators...
: the Legislature repealed its own term limits in 2003. - Washington State LegislatureWashington State LegislatureThe Washington State Legislature is the state legislature of the U.S. state of Washington. It is a bipartisan, bicameral body, composed of the lower Washington House of Representatives, composed of 98 Representatives, and the upper Washington State Senate, with 49 Senators.The State Legislature...
: the Washington Supreme CourtWashington Supreme CourtThe Washington Supreme Court is the highest court in the judiciary of the U.S. state of Washington. The Court is composed of a Chief Justice and eight Justices. of the Court are elected to six-year terms...
voided term limits in 1998. - Wyoming LegislatureWyoming LegislatureThe Wyoming State Legislature is the legislative branch of the U.S. State of Wyoming. It is a bicameral state legislature, consisting of a 60 member Wyoming House of Representatives, and a 30 member Wyoming Senate. The legislature meets at the Wyoming State Capitol in Cheyenne...
: the Wyoming Supreme CourtWyoming Supreme CourtThe Wyoming Supreme Court is the highest court in the U.S. state of Wyoming. The Court consists of a Chief Justice and four Associate Justices. Each Justice is appointed by the Governor of Wyoming for an eight-year term. The five Justices select the Chief Justice from amongst themselves. The person...
ruled term limits unconstitutional in 2004. See term limits in WyomingTerm limits in WyomingIn the U.S. state of Wyoming, the state legislature passed a bill limiting the office of Governor to two consecutive terms after Democratic Governor Edgar Herschler served three terms into the mid-1980s. Then in 1992, voters approved term limits by ballot initiative....
.
Proposed state legislative term limits
- In October 2006, PennsylvaniaPennsylvaniaThe Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
governor Ed RendellEd RendellEdward Gene "Ed" Rendell is an American politician who served as the 45th Governor of Pennsylvania. Rendell, a member of the Democratic Party, was elected Governor of Pennsylvania in 2002, and his term of office began January 21, 2003...
proposed reducing the size of the state general assemblyPennsylvania General AssemblyThe Pennsylvania General Assembly is the state legislature of the U.S. state of Pennsylvania. The legislature convenes in the State Capitol building in Harrisburg. In colonial times , the legislature was known as the Pennsylvania Provincial Assembly. Since the Constitution of 1776, written by...
, enacting term limits on legislators, limits on campaign donations, and creating a "citizens committee" to redraw HousePennsylvania House of RepresentativesThe Pennsylvania House of Representatives is the lower house of the bicameral Pennsylvania General Assembly, the legislature of the U.S. state of Pennsylvania. There are 203 members, elected for two year terms from single member districts....
and SenatePennsylvania State SenateThe Pennsylvania State Senate has been meeting since 1791. It is the upper house of the Pennsylvania General Assembly, the Pennsylvania state legislature. The State Senate meets in the State Capitol building in Harrisburg. Senators are elected for four year terms, staggered every two years such...
district lines after the 2010 census. - New York gubernatorial candidate Carl PaladinoCarl PaladinoCarl Pasquale Paladino is an American businessman and political activist from Buffalo, New York. Paladino is the founder and chairman of Ellicott Development Company, a real estate development company he founded in 1973. He was the 2010 Republican nominee for the New York gubernatorial election,...
, in April 2010, proposed a hard term limit on all state, county, and municipal elected officials within the state's jurisdiction. No legislator or executive would be allowed to serve more than eight years.
Municipal term limits
Some local governmentsLocal government in the United States
Local government in the United States is generally structured in accordance with the laws of the various individual states. Typically each state has at least two separate tiers: counties and municipalities. Some states have their counties divided into townships...
have term limits. In Philadelphia, Pennsylvania
Philadelphia, Pennsylvania
Philadelphia is the largest city in the Commonwealth of Pennsylvania and the county seat of Philadelphia County, with which it is coterminous. The city is located in the Northeastern United States along the Delaware and Schuylkill rivers. It is the fifth-most-populous city in the United States,...
, the mayor cannot be elected three consecutive times, but there is no limit on how long any individual can serve as mayor. Frank Rizzo
Frank Rizzo
Francis Lazarro "Frank" Rizzo, Sr. was an American police officer and politician. He served two terms as mayor of Philadelphia, Pennsylvania, from January 1972 to January 1980; he was Police Commissioner for four years prior to that.-Police Commissioner:Rizzo joined the Philadelphia Police...
was elected mayor in 1971 and 1975; he attempted to repeal the term limit, but failed and could not run in 1979. He ran unsuccessfully for the Democratic nomination for mayor in 1983 but he lost to Wilson Goode. In 1986, he switched to the Republican Party, and ran as a Republican in the mayoral elections of 1987 and 1991.
Limits vary from city to city even within the same state. For example Houston, Texas
Houston, Texas
Houston is the fourth-largest city in the United States, and the largest city in the state of Texas. According to the 2010 U.S. Census, the city had a population of 2.1 million people within an area of . Houston is the seat of Harris County and the economic center of , which is the ...
has a 3- two year term limit while San Antonio, Texas
San Antonio, Texas
San Antonio is the seventh-largest city in the United States of America and the second-largest city within the state of Texas, with a population of 1.33 million. Located in the American Southwest and the south–central part of Texas, the city serves as the seat of Bexar County. In 2011,...
has a 4- two year term limit. Both Houston and San Antonio's term limits are absolute - elected officeholders are ineligible to run for the same position where seeking higher office is common.
A two-term limit was imposed on New York City Council
New York City Council
The New York City Council is the lawmaking body of the City of New York. It has 51 members from 51 council districts throughout the five boroughs. The Council serves as a check against the mayor in a "strong" mayor-council government model. The council monitors performance of city agencies and...
members and citywide elected officials (except for district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
s) in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
after a 1993 referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
(see the Charter of the City of New York, §1138). On November 3, 2008, however, mayor Michael Bloomberg
Michael Bloomberg
Michael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
signed a bill extending the two-term limit to a three-term limit and has now been elected to a third term.
In Cincinnati, Ohio
Cincinnati, Ohio
Cincinnati is a city in the U.S. state of Ohio. Cincinnati is the county seat of Hamilton County. Settled in 1788, the city is located to north of the Ohio River at the Ohio-Kentucky border, near Indiana. The population within city limits is 296,943 according to the 2010 census, making it Ohio's...
, the term limit for mayor is two successive four-year terms. Council members are limited to four successive two-year terms. There is no limit to total terms that may be served, just a limit on successive terms.