Twenty-second and Twenty-seventh Amendments
… and rewriting history

Recently John Fund of the Wall Street Journal commented on the fact that the country was so fortunate in having in place the 22nd Amendment to the Constitution, the presidential term limiting Amendment, which prevented Bill Clinton from running for a third term. February 27 was the 50th anniversary of the ratification of that amendment.

The Fund article provoked some wistful thoughts about congressional term limits, and a make-believe scenario which imagined that we were also celebrating the anniversary of a congressional term limitation constitutional amendment, which would be celebrated at the same time.

Fanciful? Of course! But can we not dream about how great it would be if our country were run by people who put the country first, instead of their own careers?

With the indulgence of the reader we will temporarily rewrite history. As we celebrate the 50th anniversary of the 22nd amendment, let's imagine that we would also be celebrating the 25th anniversary of the ratification of — let's call it the 27th Amendment — limiting congressional terms. Time-wise this would have fallen between the real life 26th and 27th, so that would mean nudging back the latter to number 28.

* * * * * * * * * * * *

In this fairy tale, the first benign result would likely have been the attraction of a different breed of candidates, thus a different breed of members. Candidates would offer themselves up for service to their neighbors and their country, as the Framers intended, rather than running for the privilege of serving themselves and helping themselves to the levers of power to perpetuate themselves.

There is a Gresham's Law in operation among a nation's politicians, as well as in its currency. Gresham's currency law tells us that bad money drives good money out of circulation. The most recent example of this is the replacement of silver coinage by the base metal coinage we have in circulation today. In politics Gresham's Political Law tells us that bad politicians drive good politicians out of circulation. Thus the pool of talent available for congressional service had been severely restricted by the nature of the system as it existed prior to our Amendment.

Fortunately, our imagined Amendment had the effect of ameliorating the damaging effects of Gresham's Political Law. How? By diminishing the number of bad politicians in Congress, thereby making the good ones less scarce.

We are all familiar with the Law of Unintended Consequences — but tend to forget that some unintended consequences can be beneficial. When this nation was founded under God two and a quarter centuries ago, it was blessed with great leaders. Would it be fair to call them giants? The fifty-six who signed the Declaration certainly were giants — giants of unflinching honor. And those who wrote the Constitution were, as well. All were godly men of intellect, courage, vision and dedication, men who for all their differences had one thing in common — a desire to serve what they perceived to be the best interests of their new country, in every dimension.

Happily, our make-believe 27th Amendment began to entice our modern giants to come forth, either voluntarily or at the behest of their friends and neighbors, and the giants began to infiltrate the Congress.

We all looked on amazed at other consequences of our Amendment, intended or unintended.

We noticed a lessening of posturing, preening and posing among members, perhaps because of a diminished need to appear important.

Members felt less compulsion to bring home pork, (so they could call press conferences to announce dams, contracts or appropriations in their respective districts, never mind how many log-rolling votes had been traded to others to get each of these — a sort of negative leverage to our annual spending.)

We learned that when a member goes to the Capitol to serve, he is not desperate to get reelected, so that he has not nearly the craving for that biennial fiscal fix which had previously afflicted members.

We were pleasantly surprised to learn that freedom from the money addiction became the one greatest and most effective version of campaign finance reform that could possibly come out of Congress. That meant that years later we wouldn't be exposed to all the tinkering that could occur when the lobbyists were turned loose with all their money to obtain their brand of finance reform.

We were spared the spectacle of what former Speaker Jim Wright has referred to as "the deluge of big campaign gifts [which might] cross that invisible line between buying preferred 'access' to legislators and actually buying votes."

Lobbyists were permitted — no, actually invited — to testify before the various committees, but were prohibited from giving to any member any more money than a constituent. The CEO of General Electric and the President of the AFL-CIO were limited in the same way. The Supreme Court's Beck decision was codified, so that workers' dues could not be spent by unions on political campaigns without each individual's permission, but were to count against, and be limited by, the limits placed on every other taxpayer.

With the increase of tamed egos in each house, it was soon discovered that the number of committees and subcommittee could be pruned, and the number of bills filed and referred to committees had dropped each year. This meant that a large amount of time could be saved annually in conducting the nation's business, leaving time for lawmakers to actually read legislation before they voted on it — just as had been the practice in the nineteenth century. It also permitted committee members to participate in writing legislation, helping them to understand and head off the convoluted language that may have been placed in a bill at the behest of some lobbyist, or smuggled into a bill by another committee member with an axe to grind.

Fiscal Discipline reared its lovely head as Congress began asserting itself over the ever-expanding bureaucracy, limiting payrolls and shrinking rule-making authority of government agencies, thereby saving taxpayer dollars while cutting for the first time in modern history the regulatory cost to the economy.

In each house, members found themselves actually working together to cut the size of government.

Then, wonder of wonders, Congress, in both houses, found the individual and collective backbone to stand up to rogue presidents and play-it-by-ear judges, stopping them in their tracks. In this sense, our 27th Amendment made the 22nd somewhat less necessary.

Last but not least, Teddy Kennedy, the Senator from Chappaquiddick, was term limited out of office, and we were finally relieved from the national embarrassment of watching him whine through the televised hearings of the Senate Judiciary Committee, lying about the records of judicial nominees or Attorney General nominees. He was able to go back to his womanizing and drinking, full time.

* * * * * * * * * * * *

Oops! Waking up time. Back to reality. But it was a wonderful dream. And it also reminded us why a congressional term limitation constitutional amendment is such a splendid idea — while it may not be supported by all the members, and certainly not by the lobbyists, the American voter, the man on the street, loves it.

So we invite you, the reader, and all freedom-loving Americans to explore our newly revamped website here at www.termlimits.com, or more directly, visit our new site, www.citizencongress.org, where our software can send prepared e-mail letters to your individual lawmakers in your name asking each to support our Constitutional Amendment — and also to sign our pledge, "America's Contract for a Citizen Congress," in which each would formalize support for our Amendment in Congress.

This time it's a real Amendment.

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