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Proposed 28th Amendment to the U.S. Constitution: Term Limits and Age Limits
http://magainstitute.com ^ | 8 December 2021 | By David Ware

Posted on 12/09/2021 6:09:27 AM PST by Red Badger

ADMONITION

“The hour has come. Now we need a U.S. Senator or Representative to get the ball rolling on this urgent 28th Amendment.”

This needs to become a major campaign issue for conservative candidates running to replace incumbents who are unwilling to limit their own terms of office. This template is yours to adopt or adapt without attribution.

Section 1

A Senator may serve only two six-year terms. A member of the House of Representatives may serve only six two-year terms. This applies only to terms to which he or she was elected, but not those to which appointed to fill a vacancy. Incumbent Senators and Representatives at the time this amendment is ratified will be included in this limitation.

Section 2

The Speaker of the House of Representatives may serve no more than four years total in that capacity, whether or not consecutively. This provision applies to the incumbent at the time this amendment is ratified and is effective immediately thereupon.

Section 3

No President, Vice President, Senator, or Member of the House of Representatives may begin any new term after age 80. A term begun before age 80 may be completed. Anyone whose term would not begin before age 80 shall not be eligible to run for election to President, Vice President, Senator or Representative.

Section 4

Every Justice of the Supreme Court, including the Chief Justice, shall be required to retire at age 80. This shall apply only to new Justices appointed after the ratification of this amendment. The President may nominate a candidate, for the advice and consent of the Senate, prior to such mandatory retirement of a Justice which shall become effective with Senate confirmation only after the Justice retires.

Section 5

This amendment is effective in all provisions immediately upon ratification, however those at the time of the ratification who are serving as President, Vice President, Senator or Representative in a term that began after age 80 may complete that term. The limitation on Speaker of the House becomes effective immediately upon ratification. Supreme Court Justices serving prior to ratification shall not be subject to mandatory retirement.

THIS 28TH AMENDMENT NEEDS TO BE INTRODUCED IMMEDIATELY

The first 10 amendments to the U.S. Constitution, known collectively as the Bill of Rights, were ratified in 1791. In the 230 years since then, there have been only 17 additional amendments. Following are the amendments and the years of their ratification.

1st, 1791, Rights to Religion, Speech, Press, Assembly, Petition

2nd, 1791, Right to Bear Arms

3rd, 1791, Quartering of Soldiers

4th, 1791, Search and Seizure

5th, 1791, Grand Jury, Double Jeopardy, Self-Incrimination, Due Process

6th, 1791, Rights of Accused in Criminal Prosecutions: Rights to Jury Trial, to Confront Opposing Witnesses and to Counsel

7th, 1791, Jury Trial

8th, 1791, Protections against Excessive Bail, Cruel and Unusual Punishment

9th, 1791, Non-Enumerated Rights

10th, 1791, Rights Reserved to States

11th, 1795, Suits Against a State

12th, 1804, Election of President and Vice-President

13th, 1865, Abolition of Slavery and Involuntary Servitude

14th, 1868, Protects rights against state infringements, defines citizenship, prohibits states from interfering with privileges and immunities, requires due process and equal protection, punishes states for denying vote, and disqualifies Confederate officials and debts

15th, 1870, Voting Rights

16th, 1913, Federal Income Tax

17th, 1913, Popular Election of Senators

18th, 1919, Prohibition

19th, 1920, Women’s Right to Vote

20th, 1933, Commencement of Presidential Term and Succession

21st, 1933, Repeal of 18th Amendment (Prohibition)

22nd, 1951, Two-Term Limitation on President

23rd, 1961, District of Columbia Presidential Vote

24th, 1964, Abolition of Poll Tax Requirement in Federal Elections

25th, 1967, Presidential Vacancy, Disability and Inability

26th, 1971, Right to Vote at Age 18

27th, 1992, Congressional Compensation

LIFE EXPECTANCY

At the time that our U.S. Constitution was written, men and women did not live nearly as long as they do today. Our Founders saw the necessity to establish a minimum age of 35 to serve as President, 30 as Senator and 25 as Representative. They did not, however, foresee the need to limit these offices to a maximum age.

Today it is abundantly clear to impartial citizens that those currently serving in these capacities have exceeded in years the ability to effectively fulfill the duties of their elected roles. Likewise, our Founders did not intend public service to be a lifetime career for anyone. After President Franklin Delano Roosevelt was elected to four terms during the World War II-era, dying early in his final term, it became necessary to amend the U.S. Constitution to limit a President to two terms.

Now it has become necessary to prevent career politicians who have never had any life outside of government from making life-or-death decisions on behalf of the American public. For a very long time, I personally opposed Congressional term limits until I realized that no one is capable of withstanding the negative effects of prolonged power without commensurate accountability.

PROPOSED 28TH AMENDMENT

It has been nearly three decades since the ratification of the 27th Amendment. Rather than just making a nebulous suggestion that something needs to be done about Congressional term limits and age limits for President, Vice President, Congress and Supreme Court, I have provided a template for our 28th Amendment. Some incumbents on Capitol Hill have voluntarily indicated that they will abide by self-imposed term limits, including Senator Ted Cruz of Texas.

What we need now is to quit just talking about it and actually do something about it. The amendment herewith recommended will not solve all of our problems but it is a very positive step in the right direction. America needs men and women willing to take a portion of time out of their life for public service, not politicians from so-called “safe districts”, who act without constraint because they know they will not be held accountable for their actions. Nor can we afford Supreme Court Justices with lifetime tenure whose decisions are beyond appeal.

JAMES MADISON, FEDERALIST 51

“It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In 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.”

WHO WILL BE THE MAN OR WOMAN OF THE HOUR?

The hour has come. Now we need a U.S. Senator or Representative to get the ball rolling on this urgent 28th Amendment. The names of most Members of Congress will be virtually forgotten 100 years from now, whether you serve 50 years or just 12 years. But, this can be your legacy which will live on for posterity. This is just a template, but you can put your own imprint on American history.

James Madison has lived in the annals of good governance well beyond his time on earth, will you?


TOPICS: Constitution/Conservatism; Culture/Society; Government; Politics/Elections
KEYWORDS:
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1 posted on 12/09/2021 6:09:27 AM PST by Red Badger
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To: Red Badger

If we instead Repealed 16, 17 and 24, the problems would fix themselves in short order


2 posted on 12/09/2021 6:16:55 AM PST by eyeamok (founded in cynicism, wrapped in sarcasm)
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To: Red Badger

Let’s repeal 17 and 19, too.


3 posted on 12/09/2021 6:18:35 AM PST by CarmichaelPatriot (Recovering Kalifornian... Loving Alabama!)
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To: Red Badger

Before clicking, I thought “age limits” might refer to changing the age at which a person is eligible to vote, and that would be a great idea.

What with “40 is the new 20” being a true statement regarding intellectual and emotional maturity in the vast majority of cases, the voting age should be raised accordingly. Exceptions can be permitted in the case where a person who is less than the new voting age can prove that he or she has actually grown a brain. This is a difficult task, given 24/7 brainwashing by the media and the educational system, but some youths have overcome that handicap.


4 posted on 12/09/2021 6:20:27 AM PST by PermaRag (We have SO many targets, and -- for now -- the means to see they get what they deserve.)
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To: Red Badger

The term limits for senator are exactly what I’ve been proposing for years. However, the term for congress is too short - they should be allowed to serve up to 4 terms.
The age limit is too high. Politicians need to be retired before 80, not able to start a new term at 80. I’d prefer an age limit that states that the person can’t run if their term is going to push them passed the age of 78. NO MORE 80 year olds period - that goes for president, too.


5 posted on 12/09/2021 6:24:51 AM PST by nuconvert ( Warning: Accused of being a radical militarist. Approach with caution.)
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To: Red Badger

> . Incumbent Senators and Representatives at the time this amendment is ratified will be included in this limitation. <

I’m strongly in favor of term limits. But as a practical matter, that single sentence will kill the whole idea. No swamp creature will support it.

The only way we’ll ever get term limit laws will be if we “grandfather in” current office-holders. Yeah, I know that’s distasteful. But it’s the only way.


6 posted on 12/09/2021 6:27:33 AM PST by Leaning Right (The steal is real.)
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To: Red Badger

No, no, and NO. A Constitutional convention would be a disaster.


7 posted on 12/09/2021 6:27:36 AM PST by dinodino ( )
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To: Red Badger

one term limit for ALL elected offices at the federal level

age limit of 70 for all elected officials at time of election

repeal 16,17,20,22,23,24th amendments.

Add in something about only being allowed to be in session for 3 months in a year and 6 continuous months in any two years.


8 posted on 12/09/2021 6:33:26 AM PST by NicoDon
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To: Red Badger

We already have term limits. They’re called elections. The problem is everyone wants term limits for everybody except their own representatives.


9 posted on 12/09/2021 6:35:43 AM PST by aomagrat (Brains have been washed. Wheels have been greased. Fear has been mongered.)
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To: PermaRag

How about the “Star Troopers” solution. Only Veterans become voting Citizens.


10 posted on 12/09/2021 6:40:58 AM PST by ASA Vet (Stolen Elections Have Consequences.)
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To: Red Badger

The idea that Government is going to pass limits to it’s own power and individual Congressmen are going to dissolve their dynasties and money laundering kick-back machines is silly.


11 posted on 12/09/2021 6:48:31 AM PST by CrappieLuck
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To: eyeamok

# If we instead Repealed 16, 17 and 24, the problems would fix themselves in short order

Indeed. I strongly suspect this particular proposed amendment will go exactly nowhere.


12 posted on 12/09/2021 6:51:22 AM PST by zeugma (Stop deluding yourself that America is still a free country.)
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To: CrappieLuck

THE ONLY THING GOVERNMENT PROTECTS IS ITSELF.................


13 posted on 12/09/2021 6:53:43 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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To: ASA Vet

# How about the “Starship Troopers” solution. Only Veterans become voting Citizens.

That was an interesting suggestion of Mr. Heinlein. I’d be tempted to support it, though it would disenfranchise me.


14 posted on 12/09/2021 6:53:56 AM PST by zeugma (Stop deluding yourself that America is still a free country.)
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To: ASA Vet

Voting age = Age at enlistment or age 25, whichever comes first.


15 posted on 12/09/2021 6:54:30 AM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: ASA Vet

“How about the “Star Troopers” solution. Only Veterans become voting Citizens.”

I like it. ‘Service means citizenship’.


16 posted on 12/09/2021 6:54:53 AM PST by dljordan (Slouching towards Woketopia)
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To: Red Badger

“Beware the Silent Artillery of Time”. Terms Limits. The first obvious consideration is; why are term limits desired? Do you want to abdicate your responsibility as Government of the people, by the people, for the people? Are all elected Senators and Representatives corrupt? Are they all hungry for the power? Are they of a different political persuasion than yourself? Is it gender or race-related? Is it because they are independently wealthy? Is it because they are advocates for the designated hitter? Do they support/despise labor unions? Do they get too comfortable with their lot in life as a representative of their constituents? Terms limits do nothing to satisfy any of the above. Perhaps you just want new blood now and then. Perfectly understandable. But what will term limits change? In and of itself term limits do not restrict their individual power, their pensions, their potential corruption; it does not force them to abide by the same laws the people (who are the Government) must obey. As a matter of fact, if facing a pre-determined end to their term they will work much harder in their own best interests rather than the interests of their constituents. A modification to the Constitution, implementing term limits, will have a multitude of unintended consequences. None of us are clever enough to foresee them and modify the constitution to address the hidden circumstances.

Additional Consideration:

Fight the real fight.

Gerrymander: Manipulate the boundaries of (an electoral constituency) so as to favor one party or class. Achieve (a result) by manipulating the boundaries of an electoral constituency.

The term gerrymandering is named after Elbridge Gerry, who, as Governor of Massachusetts in 1812, signed a bill that created a partisan district in the Boston area that was compared to the shape of a mythological salamander. The term has negative connotations and gerrymandering is almost always considered a corruption of the democratic process.

When you hear re-districting – think gerrymander. Though the constitution sets up the establishment of congressional districts, it is up to the states to implement. Just for grins look up the map for Congressional District 5 in several states. Try another District. The boundaries are telling. This is not a federal legal issue. It is up to each state to create district boundaries. This is where to get involved in attempting to have our voices heard. Local and state representation must be involved.

June 29, 2019 (Reuters) – “The U.S. Supreme Court’s ruling that federal judges have no power to police partisan gerrymandering - the practice of manipulating electoral district boundaries for political gain - likely will embolden politicians to pursue more extreme efforts free from the fear of judicial interference, experts said.”

In addition, repeal the 17th amendment. The Seventeenth Amendment (Amendment XVII) to the United States Constitution established the popular election of United States senators by the people of the states. The amendment supersedes Article I, §3, Clauses 1 and 2 of the Constitution, under which senators were elected by state legislatures. It also alters the procedure for filling vacancies in the Senate, allowing for state legislatures to permit their governors to make temporary appointments until a special election can be held.

The popular election of senators almost certainly assures incumbents get re-elected with minimal effort and expense compared to a challenger. This would not be the case if the state legislatures remained as the electors. It would level the playing field and the selected Senator would be more representative of the current will of the people of the state. It would almost certainly ensure term limits for senators.


17 posted on 12/09/2021 6:56:58 AM PST by timza ( “Character, in the long run, is the decisive factor in the life of an individual" T. Roosevelt)
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To: Red Badger

While we’re at it, prevent those elected to Congress or working for Congress in any capacity to become a lobbyist or serving on a corporate board.


18 posted on 12/09/2021 6:57:10 AM PST by 1Old Pro (Let's make crime illegal again!)
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To: Red Badger

Better: make Congresscritters pay higher taxes and fees, say double the going rates with half the value for any deduction, and make that liability continue for 4 or 5 years after they’ve been out of federal government AND professionally lobbying the government.

Also make insider trading by Congress illegal, require staffers to report on them if they do, and publish their investments made while in office.

If they can’t feather their nests them staying becomes less of a problem.


19 posted on 12/09/2021 6:59:08 AM PST by Rurudyne (Standup Philosopher)
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To: Rurudyne

insider trading by Congress is already illegal....................


20 posted on 12/09/2021 7:00:06 AM PST by Red Badger (Homeless veterans camp in the streets while illegal aliens are put up in hotels.....................)
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