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Through the Lens (Problems of Democracy 7)

By Chuck Clegg - Staff Writer | Apr 4, 2024

This week we will review questions concerning the amount of time a person should be elected to an office. Especially the Senate, House of Representatives and the Supreme Court.

The Senate has what are known as classes. The term of any senator is six years. But each class is voted on every two years. That ensures that at no time will the entire senate come up for election.

Members of the House of Representatives are voted on every two years, on the even years of the calendar. There are a couple states who have chosen to change those years of elections.

Perhaps the most questioned, is the term of a Supreme Court Justice. Their appointment by the President and approved by the Senate is for as long as they wish to serve. Justices are not elected due to the fact they would have to campaign, and the founding fathers felt that would take away from the integrity of the high court.

On the survey the question was asked: Should the Senate and House of Representatives have term limits? The responses went both ways, most felt some limits should be placed on time in office. Some even stated that age may be considered to how long in office. Those who wanted limits believed that after being elected, a senator or representative spends too much time campaigning to stay in office. It also makes them susceptible to lobbyists who can support a candidate with money. Some believed the founding Fathers assumed this would not be a problem, because the people would use their vote to limit time in office.

There were responders who felt that limits are not important. Partly because the people still have to vote them into their elected positions. Some also felt that with time in office, comes knowledge and a better understanding of the work to be done in Washington. They understood the longer an elected official serves, the more power and influence they gain.

AI: Artificial Intelligence: Most Americans support the idea of limiting the number of years that Senators and Representatives can serve in office, but there is no consensus on what that time limit should be. Reasons for having: Limits could encourage politicians to have more courage and focus on the important issues instead of their re-election campaigns. Term limits could constrain the potential for corruption and special interest in the government. Limits could improve the quality and diversity of representation for the people.

Supreme Court Justices are appointed without term limits. Article III of the Constitution creates a system of life tenure for justices by providing that they “shall hold their Offices during good Behavior.”

It was felt that those persons who by lower court appointment or by demonstrating they possessed adherence to the Constitution and its Amendments, could best serve the people of the country. In modern times some justices have been appointed without that most fundamental experience of lower court judgments in Constitutional matters. Some may be appointed, based on their personal beliefs that are not specially spoken to in the Constitution or Amendments.

The Constitution is a wisely written document with an understanding, with time and changing world conditions, Amendments could be added to adjust to a world beyond the 1700s. Often spoken of, the First Amendment is the grounds for many legal arguments pertaining to many things.

The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment clause prohibits the government from “establishing a State Religion.” Those men who left England to come to America for religious freedoms understood a Church Sanctioned by the State, could, and did lead to conflict inside the British Government. The founders wanted to make sure that the government could not interfere with a person’s religion, nor could the state tell you what religion you should be part of.

A clear separation of Church and State to prevent one or the other having undue influences on the other? The question of term limits at all levels of government is being influenced by religion creating moral guidelines for the government to make laws based on church doctrine. A mother’s rights, and laws limiting life choices. If the government were to try and influence the words of faith inside the church, so great an uproar would arise the heavens would surely hear. One can influence, and one cannot. Is that what the founding fathers wanted for the future of the country?

The question of Electoral Colleges versus popular vote is raised each election cycle. When a candidate wins by less than the majority of individual votes, some people feel their votes have been taken away. If this is so out of touch with the people, why do we still have it in place?

The Electoral College has five times elected a candidate with less than 50% of the popular vote. It is likely the Electoral College will at some point in our future, give the Presidency to the winner with the majority of electoral votes as counted. Some fear if this would happen this election cycle, the People would take to the streets, as I see it Through the Lens.