Sunday, November 14, 2010

The Tea Party and term limits?

I originally wrote a longer version of this post on the night before the election but learned, to my chagrin, that in future I should write my posts in 'Word' and paste here, because sometimes, when you hit 'publish,' it doesn't get published at all, but simply disappears forever into cyberspace....

With the enthusiasm of the former history teacher that I am, I talked a bit about the genius and dedication of those who wrote our Constitution. What an amazing accomplishment it was to come up with the necessary compromises and produce a framework for government that not only still works--220+ years later in a thoroughly changed world--but works remarkably well.

I commented that one of its few flaws (at least in that changed world) is the lack of a provision for term limits for members of Congress. No doubt, when John Adams and others of our founders were slogging through mud and cold on horseback for days on end to reach New York or Philadelphia, they didn't imagine that anyone would choose to do that forever. They couldn't possibly imagine the day when a Speaker of the House would be soaking the taxpayers for millions of dollars to fly her around on a private jet, when members of Congress would be abusing the franking privilege to mail re-election propaganda, and the perks and benefits of elected office were so great that those in those offices would do practically anything to stay.

Or, and this is where my money is, perhaps what they never envisioned was an American electorate so stupid, selfish, or disengaged that they would return people like that to office over and over.

Whichever it was, we need term limits for Congress, and herein lies the flaw. Amending the Constitution requires 2/3 of Congress to propose the amendment (followed by 3/4 of the state legislatures ratifying it.) Congress did this, of course, to limit the President's time in office (22nd amendment) but what are the chances we'll get 357 of these clowns to vote themselves away from the trough?

Which is why I bring up the Tea Party. There is much speculation, by supporters and detractors, about whether this movement has been a 'flash in the pan,' a la the Reform Party, or whether it's here to stay as a force in American politics. Much derision has been directed at this movement, some of it justified, more of it snobbery of the worst kind.

I suggest that an effort for these individuals, which would benefit the entire country (except those porkers at the aforementioned trough) and establish the movement as one with staying power and organizational chops, would be to lead the charge for Congressional term limits with an end run around Congress. The Constitution provides another pathway to amendment, although it's one that's never been used.

3/4 of state conventions can propose an amendment, with ratification following the same route--3/4 of the state legislatures. Congress would fight what they would no doubt consider a 'usurpation' of their power, probably by exploiting the non-specificity of the term 'convention,' but that's the beauty of the Constitution--it isn't solely their power. Our founders, with their incredible prescience, envisioned a time when the people's representatives would refuse to do their will, and provided a way to counter that intransigence.