What term limits do tha ordinary voting cannot
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Show full item recordAuthor/s:
Elhauge, Einer
Date:
1999-02Abstract
We already have term limits on legislators; they're called elections. So why don't we
just throw the bums out?" Instead, voters simultaneously cast their ballots for senior incumbents
and for term limits. They do so for two primary reasons: seniority clout and barriers to entry. No
district wants to unilaterally cede the power it has, and there may be no viable alternative on the
ballot. All districts have to collectively agree to tum out their senior incumbents to solve the
collective problem of unrepresentative legislators.
Term limits further important values of democratic equality and freedom. Legislative term limits
reduce inequalities in legislative power across districts and over time. More important, term
limits (on incumbents in general) make democratic choice far freer. Term limits solve a
collective action problem and lessen the seniority penalty that makes it difficult for districts to
oust ideologically unsatisfactory incumbents. And term limits reduce barriers to entry that
discourage challengers and thus limit ballot options. Any furthering of those values furthers core
democratic objectives.
Term limits are particularly vital at a time when 99 percent of congressional incumbents who
have spent more than six years in office are reelected.
The arguments against term limits, while not illogical, tum out to be so weak in fact or mixed in
theory that none can rebut the strong argument that term limits will enhance the ability of
electorates to have their views represented by their elected officials.
Este Documento forma parte de la serie Working Papers (ISSN 0327-9588), publicada por la Universidad Torcuato Di Tella entre 1993 y 2001