Konstytucyjne aspekty limitu kadencji dla kongresmenów i senatorów w Stanach Zjednoczonych
Congressional Term Limits in the United States: A Constitutional Perspective

Summary/Abstract: Term limits for US Congress are back in the political agenda with another proposition of constitutionalamendment having been introduced in the House of Representatives. Even though it seemsthat it doesn’t stand much chances in Congress, it shows yet again that congressional term limits arestill considered the most desired of all constitutional reforms. From constitutional perspective theright of the states to impose term limits on their representatives and senators remains the most controversialissue, despite Supreme Court’s Decision in U.S. Term Limits, Inc. v. Thornton in 1995. Thearticle not only offers a critical comment on this particular decision, but it also presents argument infavor of constitutionality of term limits under both the tenth amendment and — to a limited extend— time, places and manner clause. It is argued that congressional term limits removing long-term representatives and senators from the ballot but allowing them to run a write-in campaign are a mannerregulation which means that they are constitutional under the time, places and manner clause ofthe constitution. To support this conclusion the article draws on current as well as historical sources, both primary and secondary.

• Details
• Contents