Skip to main content

An Immodest Proposal to Improve Term Limits


No person elected to any office in the executive or legislative branch of any state, county, or local government shall be eligible to run for the same office in the election immediately succeeding their elected term of office. 


In 1990 Oklahomans voted, by a two-to-one margin, to enact term limits for state legislators. Certainly, voters must have believed they needed to be saved from themselves (or each other). After all, every legislature in the country has term limits: they’re called elections. But now, three decades later, the question must be asked: have term limits returned power to the people? 


In my observation, they have not. Rather than directing power back to the people, term limits have transferred power from the people’s representatives to… just about everywhere else. The courts have taken power for themselves time and time again. The Oklahoma Supreme Court is currently considering whether to uphold the opioid suit’s legislation from the bench. If they do, it will be the biggest power grab since the New Deal, when the U.S. Supreme Court determined that the limits of federal power were almost nonexistent. A strong legislature with experienced leadership would push back on the courts - as they finally did earlier this year regarding absentee ballot procedures. 


Unelected executive agencies, already unaccountable to the elected Governor, have also benefitted from term limits - another reason to put plenary appointment power of all agency heads back in the Governor’s hands. There is electoral accountability if the governor runs the whole executive. If he must fight and wrangle unaccountable agency heads, he can justifiably say “it’s not my fault.” Given the dramatic decrease in the attention span of the average citizen, it is helpful if many of the state’s problems can be laid at the feet of a single person. If he makes progress in solving them, he can be rewarded. If not, he can be replaced. 


But by far the biggest beneficiaries of this reduction of the power of the people’s elected representatives has been the special interests’ hired representatives: lobbyists. Why? Because they’re the only ones with any institutional memory. After a dozen years, no one is left in the legislature or the governor’s office who remembers how hard-fought a bill only 20 years old was, or why it was even worth the effort. Lobbyists can help fill in those gaps in institutional knowledge, but of course they have their own agenda, and it isn’t usually the same as what a legislator’s ought to be. 


So with all these downsides, term limits must have some upside, right? Certainly. They prevent lifelong legislators. No one can serve more than 12 years. This means that that career politicians are few and far between - only those few who go on to gain a governorship or congressional seat last even twenty years. No one can make a career out of being an Oklahoma state legislator. It would be difficult to do so anyway, given legislative salaries, but term limits seal the deal. This means everyone has to have a real job adding to the legislature’s mix of backgrounds and experiences. They must also go back and actually live and work in the world they have created, without the privilege that comes with being a legislator. 


Term limits also mean that at least some of the senior members are focused on doing the people’s work, rather than reelection. It’s often expected that a congressional representative will be absentee during the last year of their term, as they focus on reelection. While this is less of an issue in the statehouse, since districts are all within driving distance of the capitol, there is still the issue of legislators voting boondoggles to their districts in hopes of winning reelection. 


But these benefits come at the cost of forcing the most popular and experienced members to leave office before they, or their constituents, would prefer. What if there was a way to get many of these benefits without all the costs?


Instead of limiting the total number of terms a legislative member can serve, what if we instead made it illegal to run for state office while holding a state office? This would still ensure that members had to find work outside the legislature, and live in the world they have created. It would reduce, or eliminate incumbency bias - since no one could ever run as an incumbent. It would eliminate legislating from the campaign trail, since no one could run for office while holding office, and it would reduce campaigning from the legislature, since the public is likely to have forgotten whatever boondoggles they received two or more years prior to the election. In this way, we use the public’s short attention span to their own good.  


Restarting a cold engine takes more time and energy than restarting one that just shut down. Similarly, only the most energetic and committed candidates would run for a new term. Rather than inertia carrying a tired candidate to run just one more time, inertia would serve as its own kind of term limits. Those who could overcome it would likely be the kind of officials we need in government. 


Is this idea perfect? Undoubtedly not. But, to paraphrase James Madison, if angels were to govern men, no term limits would be necessary. 


Mike Davis is a Research Fellow at 1889 Institute. He can be reached at mdavis@1889institute.org. 


The opinions expressed in this blog are those of the author, and do not necessarily reflect the official position of 1889 Institute.

Popular posts from this blog

Be Careful What You Wish For

The state of Oklahoma has California in its sight s . People and businesses seeking greater opportunity are fleeing California, and justifiably so. The most humane thing for Oklahoma to do is open our borders and offer economic asylum to the oppressed refugees of the People’s Republic of California. However, I urge caution. In an age dominated by masked faces and super-sensitivity to the spread of viral conditions, I suggest the California Condition (condition) should be met with great trepidation.   What is the condition? It is the virulent spread of tyranny and oppression. Common symptoms include limited freedom and mobility accompanied by exorbitant costs of living, energy, doing business, and pretty much everything else. Those suffering under the condition often experience a diminished capacity for reason. Uncommon symptoms may include fever and fits of rage. The condition is progressive. It tends to worsen as reason diminishes and illogic consumes the mind. Many that experienc...

Why We Need to Reject Equality of Outcome

The United States of America was founded on the principle of equality. This principle has guided the country throughout its history. There have been times that we have fallen short of this goal, the most obvious example being slavery. However, lately there appears to be disagreement on what really constitutes equality. For some, equality means guaranteeing a certain outcome for all, regardless of any difference in ability or effort expended. However, this is not what the founders intended when they wrote, "all men are created equal." We should be grateful for their interpretation of what equality means. The Founders were deliberate about including the concept of equality in the Declaration of Independence, which proclaims: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” No matter the differences between people, the...

Gratitude for Restrained Government, and Restraints on Government

We at the 1889 Institute spend a lot of time critiquing government . I mean a lot . It’s what we do: we want to make government the best it can be, and that starts with identifying its flaws . But it is important, from time to time, to acknowledge that on the whole, Americans have it pretty good when it comes to governance. Here’s what I’m thankful for in government this year:   National defense . We live in perhaps the freest society that has ever existed. That would assuredly not be so if it were not for our strong commitment to deterring every foreign threat to our national sovereignty. What use is restrained government if a country is not safe from foreign invaders? Courts . Courts not only determine who is guilty of a crime and who is not, they also provide a forum to resolve sometimes vicious disputes without violence. If free trade is the bridge to human flourishing, then a legal system that upholds property rights, enforces contracts, and deters crime forms t...

How I Learned to Stop Worrying and Love Carbon Dioxide

When I was a young child, I remember speculating with my school classmates about how close a nuclear bomb blast might occur if there were all-out nuclear war with the Soviet Union. I grew up about 25 miles from Sheppard Air Force Base , which we all assumed was a potential target of the Soviets. It was an odd, concerning feeling deep in the gut, to contemplate the possibility of suffering radiation poisoning and the end of the world. I wouldn’t wish that feeling on anyone, certainly not little kids, that gnawing deep-down fear that occasionally welled up depending on the news. That’s partly why the fear-mongering over global warming is more than just an aggravation to me. It makes me angry that propagandists like Al Gore have so frightened kids about the future that one has turned herself into an advertisement for depression treatment and anger management . I am especially angry because the truth about climate and carbon dioxide (CO 2 ) is the opposite of what the mainstream news ...