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Email: ProjectSITL@gmail.com
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Site Summary - One Minute Read
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Recent public opinion polls show that an overwhelming majority of Americans
-more than 80% of us-
support term limits for members of our Congress.
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Popular demand for term limiting Congress has steadily grown in recent decades...
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When our
Constitution was being framed
at the Constitutional Convention
in Philadelphia in 1787,
compulsory term limits on Congress were considered but not adopted and were quietly struck
without dissent.
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It was not as though the delegates to the Convention had no experience with legislative term limits...
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What happened with term limits at the Convention... ?
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Acknowledging that our Constitution, as originally drafted and adopted, imposed no term limits on members of Congress
and recognizing that nothing has changed in the
two hundred thirty nine
years since,
it is entirely understandable that contemporary constitutional experts broadly, if not universally,
agree that lawfully imposing term limits on Congress today would require a constitutional amendment.
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The process
for amending our present Constitution represents a complete rethinking of what preceded it...
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Regrettably,
despite having the power
to do so, to date,
our members of Congress have yet to deliver what the great majority of "We the People"
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say we want them to do
today: pass a constitutional amendment imposing term limits on themselves...
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Which Congress seems
unlikely to ever do.
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However, according
to a recently advanced legal theory, there is
an alternative.
That theory rests on the plain language of Article I, Section 5, Clause 2 of the Constitution, which provides:
"Each House may ... with the Concurrence of two thirds, expel a Member."
(words deleted, ellipsis added)
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3502 The power of the House and Senate to ... expel members ... is clearly granted ... in our Constitution.
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The Constitutional Theory of Self-Imposed Congressional Term Limits
Enforced by Member Expulsion
If two-thirds of the voting members of either the
House of Representatives or Senate
agree on term limits for their chamber,
they may, under Article I, Section 5, Clause 2 of the Constitution,
expel any member duly elected and properly sworn into office
whose service exceeds the agreed upon limit.
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