A democratically elected representative government is a right. Being a representative is not.

[editor's note: This is the third in a series of six articles to be published that express my views on the nature of the Federal Government, and Congress in particular. The six principles are:

1) The Constitution is law, not a living document
2) The Constitution guarantees a government of fixed and limited powers
3) A democratically elected representative government is a right. Being a representative is not
4) Government is not a wealth transfer system
5) Government exists to promote the general welfare
6)Government does not exist to protect you from yourself

end editor's note]

A democratically elected representative government is a right. Being a representative is not.

Maxim: Term limits are necessary to ensure Representatives and Senators fulfill their obligations to the country as a whole.

That Congress now views their main objective as re-election prevents them from acting in the best interest of the country and instead focus on getting as much of the federal pie for their own constituents as they possibly can. A previous article entitled “It's Time For A Change” deals extensively with this issue. The conclusion of that article is reproduced here:

"Alexander Hamilton once said, “When a man knows he must quit his station, let his merit be what it may, he will turn his attention chiefly to his own emolument.” Opponents of term limits often invoke this as proof that the Founders were opposed to them. However, this statement is taken out of context. Hamilton was speaking to the idea of forced rotation versus frequent elections. Nearly the identical debate took place over the length of service for the President, and as we saw, the Founders did not place any limits in the final Constitution. This does not mean they were opposed to term limits. It means that they left the matter unsettled.

“An important difference between forced rotation and term limits is that until his final term, a Member will not know for sure when “he must quit his station.” Far from using his last term to increase his lot in life, if Presidential history is any guide, he will instead turn his attention to creating his legacy.

“It's not rocket science. Term limits will not stop the incessant pork barrel spending, but it should make it possible for worthy citizens who are willing to serve their country instead of themselves to have a chance. And during their final term, at least, maybe they will finally get around to doing their job – provide for the common defense, promote the general welfare, and secure the blessings of liberty.” (from “It's Time For A Change”)

The Constitution lists a limited set of very specific requirements to be eligible for election to the House or the Senate. At various times in the history of our country, States have attempted to insert additional requirements over and above those listed in Article 1, Sections 1 and 2 (and extended in Amendment 14, Section 3). Each such effort has met defeat.

The Constitution further gives Congress the power to be the judge of their own elections (Art. 1, Sec. 5). Congress has used this power to create legislative districts within the States virtually to ensure re-election. Although several States have tried to correct this problem, the result has often been the creation of districts with locales far-flung from each other, further removing elected officials from those they are supposed to represent.

Congress must enact an amendment to the Constitution for term limits. Without such an amendment, term limit pledges or laws would not be enforceable. Congress could continue to use their power to gerrymander districts to ensure only those current members opposed to term limits would be elected. But, as James Madison observed in Federalist 51, “[i]n framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” Refer to the article “It's Time For A Change” for a realistic plan of how to make that happen.