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The Supreme Court's decision in US Term Limits, Inc v Thornton' resolved the law regarding federal term limits but not their desirability. The decision makes this much clear: the Qualifications Clauses2 prohibit both Congress and the states from limiting the terms of federal legislators. Constitutional amendment is the only means left open.' But the question that remains largely unilluminated is whether term limits are sound as a matter of political economy or democratic principle. That question remains practically important to more than just scholars. The Qualifications Clauses do not apply to state legislators and governors, but many lawsuits claim that a fundamental conflict with democratic principles makes term limits on state officials unconstitutional under other clauses.4 Leaving

Are Term Limits Undemocratic?