Why Congress doesn't have term limits

Term limits for Congress face a steep constitutional hurdle

Although polls show overwhelming support for congressional term limits, this would require a constitutional amendment. Since 1995, the Supreme Court has barred states from imposing their own limits, leaving only the difficult Article V amendment process as a path forward.

A vast majority of Americans support term limits for Congress

In a 2023 poll, 87% of respondents said they supported imposing term limits on members of Congress. The overwhelming bipartisan backing makes term limits one of the most consistently popular political reforms in the United States.

The Founders were split on term limits during the Constitutional Convention

At the Constitutional Convention, delegates debated whether to mandate term limits. In letters, Jefferson warned that indefinite service could entrench power, while Madison argued that regular elections—not forced turnover—were the best safeguard against abuse.

16 states impose term limits on their legislatures

As of 2025, 16 states limit how long lawmakers can serve, usually capping tenure at eight to 12 years in one chamber or across both chambers combined. Most of these limits stem from a 1990s reform wave aimed at curbing career politicians.

Critics argue that term limits weaken democracy and legislative effectiveness

Opponents contend that term limits deprive voters of choice, remove experienced lawmakers, and shift power to lobbyists and unelected staff. They believe frequent turnover reduces institutional knowledge and undermines the effectiveness of legislatures.

The Supreme Court blocked states from setting term limits for Congress

In US Term Limits v. Thornton (1995), the Supreme Court struck down state laws that tried to impose term limits on their congressional delegations. The court ruled such restrictions unconstitutional unless added through a federal amendment.

Supporters say term limits prevent entrenched power

Advocates argue that term limits stop politicians from becoming career insiders, make government more accountable, and ensure fresh ideas circulate. They believe regular turnover keeps officials closer to the public and less beholden to special interests.

Congressional turnover was far more common in the early republic

Many early lawmakers served just one or two terms before stepping aside, reflecting the ideal of the citizen legislator and the discomforts of living in Washington, DC. Longer careers in Congress became typical only later in the 19th century.

Watch scholars debate Supreme Court term limits

In a debate from 2017, legal scholars from across the political spectrum spar over whether justices should serve fixed terms. The discussion highlights bipartisan concerns about judicial independence, accountability, and the risks of lifetime tenure.

Most Americans support age limits for justices, elected officials

As members of Congress and Supreme Court justices continue to serve at an average age far older than in the past, polls show a majority of Americans favor setting an age limit for these roles. Roughly 79% support caps for federal elected officials, and 74% favor such limits for Supreme Court justices. A constitutional amendment would be required.

Research shows that termed-out lawmakers become less active

A University of Chicago and Stanford study found that state legislators barred from reelection sponsor fewer bills, serve on fewer committees, and skip more votes. The research suggests lawmakers are more productive when future elections remain possible.

Early state constitutions often limited governors to short terms

In the years after independence, many states drafted constitutions to limit executive power. Most governors served only one- or two-year terms, sometimes with breaks before reelection.

37 states today limit how long governors can serve

Most states cap governors to two consecutive four-year terms, though rules vary—Virginia is unique in allowing only one term at a time. These limits reflect a long tradition of restricting executive power at the state level.

The framers of the Constitution designed the amendment process to be difficult

Amending the Constitution requires substantial and widespread public support. Since 1879, more than 10,000 amendments have been proposed—many repeatedly—ranging from banning flag burning to repealing the income tax. This resource highlights some of the most notable failures.

The 22nd Amendment was a reaction to Roosevelt's four terms

After Franklin D. Roosevelt won four elections, Congress moved to prevent future presidents from holding power indefinitely. Ratified in 1951, the 22nd Amendment set a firm two-term limit as a safeguard against extended presidencies.

Thousands of constitutional amendments have failed

Of nearly 12,000 proposed constitutional amendments, only 27 were ratified. This article highlights radical failed proposals that would have renamed the country, abolished the presidency, capped personal wealth, or fundamentally rewritten how American democracy works.

State supreme court justices almost never serve for life

Unlike US Supreme Court justices, 99% of state supreme court justices face term limits, reselection, or mandatory retirement ages. Since 1970, they've averaged 13 years on the bench—half the tenure of their federal counterparts.

The 22nd Amendment set a 2-term limit on the presidency

Ratified in 1951, the amendment states that no person may be elected president more than twice. It also specifies that a vice president who assumes office midterm may serve up to 10 years in total.

Supreme Court justices serve for life

The Constitution grants Supreme Court justices lifetime appointments to shield them from electoral politics and outside pressure, a design meant to preserve judicial independence but now widely debated due to longer lifespans and partisan balances of the court.

The Bill of Rights originally proposed 12 amendments, not 10

Congress proposed 12 amendments in 1789, not 10. Of the two amendments not ratified, the one on congressional pay raises remained dormant for 203 years before finally becoming the 27th Amendment in 1992.

The Senate's filibuster—a procedure that allows for unlimited debate—is not in the Constitution

In the United States Senate, the filibuster enables senators to delay or block legislation. Ending debate became possible in 1917 with a cloture rule requiring a two-thirds vote. In 1975, that was changed to 60 votes in most cases.

The framers feared creating another monarchy through an unchecked executive

Having rebelled against British royal power, the framers deliberately limited the presidency—balancing "energy in the executive" with safeguards against tyranny. Debate at the 1787 Constitutional Convention centered on preventing any return to monarchical rule.

States are constitutionally mandated to draw their own congressional districts

Under Article I, Section 4 of the US Constitution, state legislatures possess the authority to determine how congressional districts are drawn. However, Congress retains the power to alter these rules if it chooses to.

Congress meets and legislates in the US Capitol building

The United States Capitol reflects neoclassical ideals drawn from ancient Greece and Rome. First opened to Congress in 1800 and repeatedly expanded over time, it remains the symbolic and functional home of both The House and The Senate.

The Constitution is difficult to amend

Amended just 27 times in more than 230 years, the US Constitution is deliberately hard to change. This animated video from TED-Ed explains why the amendment process is so complex and what that rigidity means in practice.

Members of the United States Congress earn $174,000 annually

Members of the United States Congress have received the same pay since 2009. Leadership roles are more lucrative, and lawmakers become eligible for a federal pension after five years, with benefits tied to the length of service and salary.

A 1787 convention clash led to the creation of Congress’s two chambers

This article recounts debates on September 4, 1787, when delegates at the Constitutional Convention clashed over the balance of power between large and small states, driving the compromise that created the House and Senate.

Congress can remove federal officials through impeachment

The United States House of Representatives has the sole power to impeach federal officials. The United States Senate then conducts impeachment trials and decides whether to convict and remove them from office.

Congress is passing fewer laws than in previous decades

A Reuters analysis shows that legislative output in the US Congress has declined as polarization deepens, bipartisan cooperation erodes, and lawmakers rely more on sprawling, must-pass spending bills rather than regular lawmaking.

Congress has handled past crises through emergency lawmaking and institutional expansion

In a 2020 podcast from the National Constitution Center, historians and political scientists examine how Congress navigated past national crises—particularly the Civil War—and what those moments reveal about governing today.

How presidential systems differ from parliamentary governments

In presidential systems like the US, the executive and legislature are separately elected, giving presidents fixed terms and independent authority. In parliamentary systems, executives are elected by legislatures and can be removed by a simple vote of no confidence.

A 1960s effort came close to abolishing the Electoral College

This podcast episode examines the closest attempts in US history to eliminate the Electoral College, focusing on a major 1960s reform push—and why, despite broad support, it ultimately failed.

Most US House seats stay with the same party for decades

An analysis by the Pew Research Center shows that since the 1920s, the vast majority of House districts have been consistently won by the same party, with only a small share regularly changing hands. This highlights the large advantage incumbents have in House elections.

Congress selected the president in 1801 and 1825

In a contingent election, the United States House of Representatives is constitutionally required to choose the president, with each state delegation casting one vote when no candidate secures a majority of the electoral votes.

Amending the Constitution requires broad support

The framers created a demanding amendment process. Proposed changes require two-thirds approval in both houses of Congress and ratification by three-fourths of the state legislatures, making sure that constitutional amendments reflect a broad national consensus rather than temporary political majorities.

The Constitution grants Congress more powers than the president

Article I outlines detailed congressional powers—taxation, spending, war declarations, and lawmaking—while Article II gives the president limited, broadly defined authority. This design reflects the framers' intention to prevent executive overreach.

Visualize every time Congress has mentioned the word 'democracy' since 1880, and why

This Pudding interactive analyzes every mention of "democracy" in the Congressional Record over 145 years, charting how the word shifted from a partisan label to a concept, and tracking when lawmakers warned the system itself was under threat.

The Great Compromise created Congress's two-chamber structure during the Constitutional Convention

The Great Compromise of 1787 established a bicameral Congress, balancing population-based representation in the House with equal representation for each state in the Senate—a system designed to reconcile the competing interests of large and small states.

Why the Electoral College exists and how it works

The framers created the Electoral College as a compromise between electing the president by popular vote or by Congress. It was meant to balance power between large and small states and to allow elites to intervene if voters chose an unfit candidate.

The Electoral College emerged as a compromise at the 1787 Constitutional Convention

This explainer traces how the Founding Fathers designed the Electoral College as a middle ground—balancing fears of direct popular rule against concerns about giving Congress the power to choose the president.

Hamilton proposed one of the strongest visions of national government

At the Constitutional Convention, Alexander Hamilton advanced a plan modeled partly on Britain's system, calling for a powerful national executive and for senators to serve for life (with good behavior)—proposals that failed to gain widespread support.

Congress plays baseball together in a bipartisan charity game dating back to 1909

First organized in 1909 by Rep. John Tener, a former pro baseball player, the Congressional Baseball Game pits Democrats against Republicans to raise money for charity—and offers a rare behind-the-scenes look at lawmakers mixing rivalry with camaraderie.

Some Watergate reforms may have fueled today's partisan, confrontational Congress

The newly elected officials after the Watergate scandal dismantled seniority norms, opened committee votes, and televised proceedings—efforts aimed at increasing transparency that, unintentionally, may have fueled the polarized and combative tone of today's Congress.

Congress has the power to enact laws related to bankruptcy, thanks to the US Constitution

It has done just that since 1800. This legislation, which outlines the various types of bankruptcy filings, has evolved over time. The most recent iteration is the Bankruptcy Reform Act of 1978, which introduced Chapter 11 filings in an effort to make the process easier for businesses and individuals.

The US framework of government has influenced the constitutions of many other countries

In 1787, the US Constitution introduced a system built on the separation of powers and individual liberties, including freedom of speech and religion. Though widely influential, its rigidity has made it less of a modern model as countries adopt more adaptable constitutional frameworks.

The Electoral College is the system the United States uses to elect its president, allocating 538 electors across the states rather than relying on a single national vote.

The 1787 Constitutional Convention was initially called to amend the Articles of Confederation

Delegates initially met in 1787 to amend the Articles of Confederation, but within weeks chose to redesign the government entirely. Months of intense debate over power and representation produced the compromises that shaped the Constitution.

Presidents can veto laws—and Congress can override them

A president may veto legislation passed by Congress, but a two-thirds vote in both the House and Senate can override it. For most presidents, only a small share of their vetoes have been successfully overturned.

The Supreme Court has never definitively settled federal war powers

Despite more than two centuries of conflict over war powers, the Supreme Court has consistently avoided defining the precise boundary between congressional and executive authority, leaving that boundary to be contested by the political branches.

There were fewer competitive districts in 2022 than at any point since 1970

Analysts reported that the 2022 midterms featured the lowest share of competitive congressional districts since 1970, reflecting how modern redistricting has increasingly produced safe seats and reduced voter choice.