In Part I, this article explores the underlying policy debate surrounding this issue. Our Founding Fathers debated variations of these arguments in the Constitutional Convention. Academics and political columnists are currently tackling this issue in the popular press. Part II examines the debate over whether to allocate the power to limit congressional terms to each individual state instead of to the federal government (through a constitutional amendment or federal law). Part III investigates potential constitutional challenges based on the qualification and election clauses in the Constitution. Finally, Part IV addresses possible first amendment free speech and fourteenth amendment equal protection challenges to state-passed congressional term limits.
Latz, Martin E.
"The Constitutionality of State-Passed Congressional Term Limits,"
Akron Law Review: Vol. 25:
1, Article 4.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol25/iss1/4