Legislative Term Limits
Alabama and Arkansas Compared
Term Limits Introduced
First became popular in late 1980’s
Federally:
–Republican “Contract with America,” 1994
–Legislation did not pass
The governments of Alabama and Arkansas demonstrate the difference between non-term-limited and term-limited legislatures, allowing for the examination of the strengths and weaknesses of legislative term limits.
Alabama
1 of 35 states who do not have term limits
1 of 29 states who have never had term limits
Pushes for Term Limits in Alabama
Governor Bob Riley, 2006 State of the State Address: “No reform will do more to restore our citizens’ faith in government than term limits…By enacting term limits, we will return the power of government back to the people—which is exactly where it belongs.”
House Bill 349, Senate Bill 105: limit to three terms per house (term is at least two years)
FAILED
Pushes for Term Limits in Alabama
Alabama Policy Institute: recommended 6 point compensation plan including pay raise and term limits
Session began in March, 62% pay raise has been passed, up to $49,000/year
Vetoed by Governor Riley, overridden despite objection of 80% of citizens
Citizen Initiative Process
Initiative: “a procedure whereby citizens can propose new laws or changes in state constitutions and determine by their votes in an election whether the proposal will be adopted.”
Possible reason why Alabama does not have term limits
15 states with term limits, 6 previously had term limits- only Louisiana does not have initiative
Without this process, legislators would have to choose to place term limits upon themselves.
Arkansas
Amendment 73, 1992- 59.9% vote of approval
Limited to 2, 4-year Senate terms and 3, 2-year House of Representatives terms
“among the most restrictive state legislative term limits in the nation” – Joint Project on Term Limits
Limited Arkansas Congressmen- section overruled by Supreme Court in 1998-
U.S. Term Limits, Inc. v. Thornton
Changes in Arkansas
1988-1996: 18% turnover
1998 & 2000: 56% turnover in House, 36% in Senate
More Republican members, the advent of new leadership positions, a new inferiority to the executive branch, the development of various practices, such as passing on the seat to a son or daughter, to extend incumbency in the legislature and government
Attempts to Repeal or Change
1999
–HJR 1005
–SJR 10
2001
–HJR 1001, 1013, 1014
–SB 84
–SJR 2, 3
2003
–HB 2803
–HJR 1001, 1006, 1030
2004
–Proposed Constitutional Amendment No. 1- lost by 70.14%
2005
–HJR 1012
FAILED
Term Limits Proponents
“Term-Limit Progressivism”
“Term-Limit Populism”
“Term-Limit Republicanism”
“Term-Limit Libertarianism”
–Bruce E. Cain and Marc A. Levin
“Term-Limit Progressivism”
Believe in a professional legislature
Think that often representatives are corrupted by their own career goals
Envision term limits as a means for providing a rotation of professionals through the legislature
“Term-Limit Populism”
Desire more citizen participation
View term-limits as a way to bring more average citizens into the governmental process
“Term-Limit Republicanism”
See legislators as trustees, rather than individuals who act according to the will of their constituents
Think term limits will allow legislators to truly behave in this way without being overly concerned with reelection
“Term-Limit Libertarianism”
Believe that term limits hinder the effectiveness of government
They desire this result in order to maintain a small government system
Goals Contradict
“proof that term limits weaken legislative competence would strengthen opposition among the professionalists…but the same evidence would strengthen support for term limits among populists and libertarians” -Bruce E. Cain and Marc A. Levin
Citizens and legislators alike must continue to judge the strengths and weaknesses of term limits, all though it is clear that the issue can be approached from multiple angles.
Turnover
Presumably prevents corrupt legislators from becoming career legislators and remaining in office indefinitely
Arkansas House of Representatives: 100 members, 49 termed out in 1998, 25 in 2000, 14 fourteen in 2002, 36 in 2004, and 29 in 2006
Arkansas Senate: 35 members, 13 termed out in 2000, 11 in 2002, 0 in 2004, and 1 in 2006
“Term limits mean regular open-seat elections. Career politicians make way for fresh blood and new ideas. Legislators who serve temporarily are more likely to promote laws that reflect the people’s will and get down to business in the limited time they have.”
–Paul Farago, spokesman for Oregon’s Term Limits Committee
Leadership
“requiring lawmakers to step down…redistributes the legislative power that used to be concentrated in a small number of entrenched leaders. ‘I don’t think people want iron-fisted dictators ruling their legislature.’”
–Eric Kelderman, quoting Paul Jacobs of the U.S. Term Limits advocacy groups
Downside:
2004: Arkansas lost the Speaker of the House, the House Majority Leader, the House Minority Leader, 9 committee chairs, 8 committee co-chairs
2006: Arkansas lost the Speaker of the House and 14 committee chairs
Leadership Changes Necessary
Formerly: Arkansas had a Speaker and a Speaker Pro Tem
Now: an assistant speaker pro tem for each of the four congressional districts
Now: majority leaders, minority leaders, whips- added as official positions in both houses
“Under term limits a speaker designate is now selected in their second two-year term, and a pro tem may be selected just after the conclusion of their first four-year-term and their successful re-election to another term.”
–Joint Project on Term Limits
Leaders Serve for Less Time
They have more to learn in a shorter amount of time and there is less incentive for other legislators to cooperate with them, as everyone knows that the time they have in office is limited.
Power Relationships:Executive v. Legislative
Before: Legislators often in office much longer than governor
Now: Governor generally on office longer than legislators
“term-limited legislators make far fewer changes in governors’ proposed budgets than their predecessors did”
–Alan Greenblatt
Arkansas: governor generally has the advantage of having been through a larger number of budget cycles, giving him the upper hand in conflicts over the budget
Power Relationships:Executive v. Legislative
Governors often control top-level government positions in the state that term-limited legislators may aspire to be appointed to following their tenure
“the formal and informal powers of the executive, his dominance with the media, his experience and staff, seem significantly weighted in favor of the executive in how term limits has affected power relationships between the two branches”
–Joint Project on Term Limits
Diversity
Leading argument of proponents
studies have shown that in term-limited states there has been little or no increase in diversity
No increase in minorities or females, and no variation in occupational background or age
Average age of legislators in Arkansas: high forties to the low fifties, just as it was before term limits
Diversity
Increases in African Americans in Michigan and Arkansas
“term limits accelerated demographic trends that already were at work in the state population, leading to these increases”
–Joint Project on Term Limits
Arkansas: it seems that African Americans have gained power, due to the formation of a Black Legislative Caucus and more open leadership positions
Decrease in Legislative Knowledge and Experience
“institutional memory is very important, to have people who remember as far back as possible to avoid mistakes and to have people who were witnesses to what has happened before”
–Massachusetts Representative John McDonough
New legislators come in with their own agendas, neglecting previous programs and forfeiting a long-term vision in order to push across their plans in the short time that they have .
National Conference of State Legislatures Survey
74% have seen a decrease in legislative efficiency since term limits
64% believe that their legislatures are less effective
Legislator Opinions
“Term limits force a large amount of time spent at the legislature to be focused on bringing legislators up to speed on redundant issues as opposed to building on institutional knowledge.”
–Unidentified legislator
“The lobbyists and the Legislative Research Council is where the base of knowledge will be, where the institutional memory will be. It won’t be with the new lawmakers because they’re still trying to figure out where the bathrooms are.”
–South Dakota Senator
Lobbyists
Double-Edged Sword:
–seeming to give them more power as legislators depend on them for information
–requiring a lot more work as they lose their established relationships and struggle to educate all of the new legislators on their issues
NCSL Survey: 75% report an increase in the power of lobbyists
“by definition lobbyists serve the interests of their clients, not necessarily the best interest of the state as a whole”
–Jean M. Ross on the dangers of lobbyists becoming the legislature’s institutional memory
Staff
NCSL Survey: 66% claim that legislative staff has increased in influence
“legislators rely more than ever on nonpartisan staff for roles they have traditionally filled—providing procedural advice, policy history, and revenue and budgetary analysis”
–Jennifer Drage Bowser
Quantity and power of partisan staff has also increased
Power shifting away from legislators?
Changes and Adaptations
Solutions presented in: Coping with Term Limits: A Practical Guide, by Jennifer Drage Bowser, Keon S. Chi, and Thomas H. Little
Shortage of experience present in legislatures:
–California’s CAPITOL Institute: an example of an expanded orientation and training program that provide helpful information to make up for the lack of experience
–“new members often report that they are overwhelmed by the information presented in orientation, or that they find it difficult to apply what they learn until they have actually experienced the legislative process”
Changes and Adaptations
Leadership Problems:
–Specific ladders of leadership that provide stability
–Earlier selection of leaders
–The advent of new leadership positions, and better preparation of, and communication with, leaders
–Better preparation of committee chairs could also help with both leadership and structural issues
Changes and Adaptations
Legislative Staff:
–valuable staff need to be kept and given greater training
–partisan staff need to be centralized and be clearly defined from non-partisan staff
–staff-legislator relationships need to be improved
Changes and Adaptations
Executive/Legislative Relationship:
–Increased in legislative oversight to check the executive branch
–Maine’s Office of Program Evaluation and Government Accountability:
“was designed specifically to counteract the reduced policy expertise and institutional memory of the Legislature under term limits”
Changes and Adaptations
Lobbyists:
–educating legislators on the issues and on the role of lobbyists
–implementing an ethics code for lobbyists
Other Suggestions:
–Party Caucuses:
Should play a role in helping legislators adapt to term limits
Caucus leaders can recruit qualified candidates, promote relationships among legislators, and implement mentoring programs
Conclusion
“Term limited legislatures report more general chaos, a decline in civility, reduced influence of legislative leaders and committees, and in some states, a shift in power relationships. However…they continue to function efficiently under term limits.”
–Jennifer Drage Bowser
“Legislatures are remarkably resilient institutions.”
–Gary Moncrief and Joel A. Thompson
Alabama Governor Bob Riley: Plan 2010 includes legislative term limits
Alabama, Arkansas, and other states must weigh the advantages and disadvantages and decide whether term limits are best for them.
Bibliography
Bob Riley for Governor, “Plan 2010: Our Vision for Alabama,” BobRiley for Governor, Inc., (accessed April 16, 2007).
Bowser, Jennifer Drage, Keon S. Chi, and Thomas H. Little, Coping with Term Limits: A Practical Guide, National Conference of State Legislatures, (2006): 1-23.
Bowser, Jennifer Drage, “The Effects of Legislative Term Limits,” The Book of the States 2005, 114-115.
Cain, Bruce E. and Marc A. Levin, “TERM LIMITS”, Annual Review of Political Science 2, no. 1: 168-79. Academic Search Premier,EBSCOhost (accessed February 25, 2007).
Bibliography
Ciamarra, Michael, “Legislator’s Compensation—Tie it to term limit vote: The Alabama Legislature Six Point Compensation Plan,” Alabama Policy Institute, 2007-01-12.html (accessed February 25, 2007).
Ehinger, John, “The pay-raise gamble,” The Huntsville Times, March 22, 2007, n/1174554972263020.xml&coll=1 (accessed April 12, 2007).
English, Art and Brian Weberg, “Term Limits in the Arkansas General Assembly: A Citizen Legislature Responds,” Joint Project on Term Limits (2004): 1-47.
Bibliography
Farago, Paul, “Turnover brings fresh blood.” USA Today. Academic Search Premier, EBSCOhost, (accessed February 24, 2007).
Farmer, Rick, “Lemonade from Lemons: Responding To Term Limits Via Party Caucuses.” Spectrum: Journal of State Government 74, no. 4: 36-37. Academic Search Premier, EBSCOhost (accessed February 25, 2007).
Greenblatt, Alan, “The Limits of Limits,” Wilson Quarterly 30, no. 2: 78-79. Academic Search Premier, EBSCOhost (accessed February 24, 2007).
______. “The Truth About Term Limits,” Governing Magazine (2006).
Bibliography
Heavey, Susan, “Term Limits Take Effect,” Washingtonpost.com, 5 March 1999 (accessed February 25, 2007).
Kelderman, Eric, “Term limits take out legislative leaders,” Stateline.org, (accessed February 24, 2007).
Lee, McDowell,Alabama’s Legislative Process, S. Doc. 3
Matthews, Merrill, Jr., “Term Limits Have Lost Their Attractiveness,” Dallas Morning News, 26 June 1998, NationalCenter for Policy Analysis, (accessed February 25, 2007).
Moncrief, Gary and Joel A. Thompson, “Lobbyists’ Views on Term Limits,” Spectrum: Journal of State Government 74, no. 4:13-15. Academic Search Premier, EBSCOhost (accessed February 25, 2007).
Bibliography
National Conference of State Legislatures, “The Effect of Term Limits in the 2004 Elections,” National Conference of State Legislatures, (accessed February 24, 2007).
______. “The Effect of Term Limits in the 2006 Elections,” National Conference of State Legislatures, 2006.htm (accessed February 24, 2007).
______. “Frequently Asked Questions about Term Limits,” NationalConference of State Legislatures, (accessed February 24, 2007).
______. “Statewide Votes on Term Limits,” National Conference of State Legislatures, .htm (accessed February 24, 2007).
Bibliography
______. “Survey Results: NCSL’s Online Term Limits Poll,” National Conference of State Legislatures, (accessed February 25, 2007).
______. “Term Limits Legislation,” National Conference of StateLegislatures, .cfm (accessed February 24, 2007).
New State Ice Co. v. Liebmann, 285 U.S. 262 (1932).
Riley, Bob, “Governor Riley’s State of the State Address,” 10 January 2006. State of Alabama Press Office sos2006.asp (accessed February 24, 200).
Bibliography
Ross, Jean M., “Changes under Term Limits,” Spectrum: Journal of State Government 74, no. 4: 25. Academic Search Premier, EBSCOhost (accessed February 25, 2007).
Saffell, David C. and Harry Basehart, State and Local Government: Politics and Public Policies, 8th ed. New York: The McGraw- Hill Companies, 2005.
Verhovek, Sam Howe, “In State Legislatures, 2nd Thoughts on Term Limits,” New York Times, 21 May 2001, NationalCenter for Policy Analysis, (accessed February 25, 2007).