Texas Senator Ted Cruz (R) has introduced a resolution that would propose a Constitutional Amendment that would apply term limits to Congressmen. Congressman Ralph Norman (R, SC) has introduced a companion resolution in the House.

The amendment would limit US senators to two six-year terms and US House members to three two-year terms. The two-page resolution states that after the amendment is passed by Congress and ratified by the states, the amendment would go into effect “within seven years after the date of its submission by the Congress.”
The resolution proposes that after a member of the US House has served three terms, they aren’t eligible to be reelected to the House. After a US senator has served two terms, they are no longer eligible to be elected or appointed to the US Senate.

This is a bad idea. It’s not suboptimal, it’s bad. There is no legitimate reason for our government to dictate to its sovereign—us citizens—who we will choose to represent us in our government, not even via Constitutional Amendment. Beyond that, there is no legitimate reason for a current generation of citizens to limit who future generations might choose to represent them in future governments, not even via Constitutional Amendment.

The concern about longevity, built-up seniority, and the perks and power of incumbency is very legitimate and amply justified by the abuses of so many current and immediately past Congressmen.

However, our Articles of Confederation, which got many things wrong—it was, after all, a first draft of a self-governing, non-monarchist, form of government—did get the matter of term limits and the power of incumbency and seniority absolutely correct. Here’s what Article V of those Articles had to say on this matter:

[N]o person shall be capable of being a delegate for more than three years in any term of six years[]

Congress under the Articles was unicameral, and a Congressional session and a delegate’s term of office were for one year only. Thus, a delegate could serve in Congress for no more than three years of a six-year period.

That is easily adaptable to our current bicameral Congress with its Congressional sessions lasting two years (so a Senator’s term spans three sessions). One adaptation would be to limit a Representative to three terms of any six and a Senator to two terms of any four, with a Senator wishing to stand for the House being limited just one term in the House until six Congressional sessions had transpired, and a Representative wishing to stand for the Senate being ineligible to do so also until those six Congressional sessions had transpired. I’d also bar the Congressmen of either house from serving in any other Federal government capacity or work for any lobbyist, whether for pay or pro bono, except that such alternative work bars the six sessions from counting until he’s left those positions.

That Amendment, based on the Articles’ limits, would satisfy the problem of incumbency and seniority without presuming to dictate our choices of whom to select to represent us.