Congressional term limits in the United States : a constitutional perspective

Term limits for US Congress are back in the political agenda with another proposition of constitutional amendment having been introduced in the House of Representatives. Even though it seems that it doesn’t stand much chances in Congress, it shows yet again that congressional term limits are still considered the most desired of all constitutional reforms. From constitutional perspective the right of the states to impose term limits on their representatives and senators remains the most controversial issue, despite Supreme Court’s Decision in U.S. Term Limits, Inc. v. Thornton in 1995. The article not only offers a critical comment on this particular decision, but it also presents argument in favor of constitutionality of term limits under both the tenth amendment and - to a limited extend - time, places and manner clause. It is argued that congressional term limits removing long-term representatives and senators from the ballot but allowing them to run a write-in campaign are a manner regulation which means that they are constitutional under the time, places and manner clause of the constitution. To support this conclusion the article draws on current as well as historical sources, both primary and secondar