European Stars and Stripes (Newspaper) - November 28, 1992, Darmstadt, Hesse Saturday november 28, 199 commentary the stars and stripes Page 13careerism weighs heavily in term limit debate George f. Will a twas the week to give thanks for the nation s blessings which include Willis d. Gradison jr., the Republican congressman from Southwest Ohio who in january will submit this constitutional amendment a a each state shall have the Power to limit by Law the number of terms a representative or senator from that state May serve in a year ago even before the term limitation movement acquired its current locomotive like momentum Gradison wrote that although he did not support limits the time might come when Congress would be Honor bound to Send to the states for debate and decision a constitutional amendment limiting terms. A we have to decide if we really Trust the people. If we do the Congress will eventually submit a constitutional amendment for congressional term limitations to the states with or without recommendation a and then abide by the results. To continue the present situation could Well Lead to Congress being one of a diminished number of legislative bodies in the country without term limits and yet afraid to let the people decide if they want limits for the Congress. In my View this would Only intensify the feeling that the Congress is out of touch. But worse still it further undermines the sense of legitimacy of our actions without which representative government could be viewed As a Mere slogan used by those whose overriding concern is maintaining Power not serving the this year when All 14 of the states that voted on term limitations for Congress voted a yes a by a landslide average of 66 percent congressional careerists instantly took their Cue from House speaker Thomas s. Foley whose state Washington approved limits. Foley said laconically and illogically it is unconstitutional for states to impose such limits a constitutional amendment is required but such an amendment a Here is Foley a resounding non sequitur a should not be voted on until the constitutionality of state imposed limits has been litigated. Why not Foley a conclusion would seem arbitrary and self serving even if it were not known that the House he leads has never allowed a term limiting constitutional amendment to come to a vote. The constitutionality of state imposed limits on Congress is an unsettled area of the Law. And perhaps Foley really is As he says he is eager for an expedited adjudication of the Issue. However his eagerness May dissipate when he realizes that his adversaries will include former attorney general Griffin Bell. A term limits supporter As ardent As he is Learned Bell believes in the constitutionality of congressional term limits by state action. Furthermore Foley May actually be hoping for a Long delay during which the term limits movement a the most broadly based grassroots movement in More than a generation a might lose momentum. Readers Are herewith invited to compare Foley a evasiveness and shyness a his willingness to sacrifice the stature of the House to enhance the Security of incumbents a with Gradison a sense of institutional stewardship. In a letter sent last week to colleagues Gradison wrote the new Washington pastime spot we. . A regardless of your View on the constitutional question there is a Good argument for resolving this Issue As soon As possible. Public Confidence in Congress will Only deteriorate further if this institution appears to be thwarting the will of the voters. Particularly if the constitutionality of state imposed term limits is rejected by the supreme court the Federal legislature cannot afford to appear illegitimate in the eyes of residents of those states who clearly wish to regulate their representation in the Federal Congress May oppose Gradison a empowerment of the states simply because the modern reflex of the led Oral government is to constrict not enlarge states rights. Still it is possible that Gradison a Challenge to let states debate and decide the Issue May Embarrass even the likes of Charles Wilson into grudging support. Wilson a 10-term Texas Democrat and olympic class wanderer this year assured his District he Flavois term limits. But Wilson also participated in a television commercial for the people who tried and failed to persuade californians not to enact term limits. Come to think about it it probably is impossible to Embarrass the likes of Wilson. In Odtis Gradison who describes himself As a a flaming incrementalism a has come by increments to support term limits. Ilis proposal would erase uncertainty about existing Laws limiting 156 representatives and 30 senators from 15 states in one of the 15, Missouri limits will be triggered when 25 slates adopt limit Sand will Speed debates and decisions in 35 More states. On the other hand if Congress in its bitter end commitment to careerism regardless of the Cost to the institutions stature will not pass Gradison s amendment and abide by the results of democratic debates Congress will thereby provide by its example a potent argument for term limits to end careerism. C Tho Washington Postera misfires in election Effort court Battle Good news just in time for thanksgiving week 1 he feared National Rifle association is beginning to look like a bit of a Turkey. First it bombed in the elections. Then for All its noisy claims that the Constitution s second amendment forbids gun control the Era took a dive in a Case that offered it a Chance to Nail the Point Down if it really believed that. The Era has lost a sympathetic president and did no to even try very hard on his behalf. George Bush was a life member of Era but he had committed the heresy of that for certain legislative Trade offs he would indulge the Brady Bill which Calls for a waiting period for gun purchases. So the Era concentrated on trying to elect a Brady proof Congress. It blew that one too. Although the Brady Bill later was snared in a procedural tangle it passed the House and Senate in 1991 by Large margins and despite the nral a efforts the incoming Congress appears no less agreeable to Brady. If it is president Clinton will scoot the Bill into Law. The Era had drawn up a hit list of 24 congressional incumbents it wanted iced this year. It spent s2.5 million trying but Only two lost a and then apparently not because they supported Brady. One had bounced More checks than Michael Jordan had basketballs and the other had been re distracted into Quicksand. You would think then that the Tom Teepen Era would be doubly keen to seek a supreme court ruling that would invoke the second amendments right to Bear arms As a Talisman against gun control. But the nov. 12 deadline passed without the Era asking the supreme court to overrule an appellate court decision against nral a second amendment Challenge to a California Law Banning semiautomatic assault weapons the supreme court ruled in 1939 that the right to bears arms lunges on the second amendments primary objective maintaining a a Well regulated militia Quot the National guard is the modern a qty Alent and it uses ii weapons not saturday night specials no Federal court has Ever Lound an open ended right in the second amendment to private gun ownership and recent supreme courts a Rugani cd Bushi fied a Haven to lacked Lor opportunities to do so if they wished. The court declined in 19k3 to review an Illinois town s ban on handguns and in 1990 it failed to accept a Era sup ported second amendment Challenge to a Law barring private ownership of machine guns. The second amendment at least As the Era misrepresents it is useful to the gun lobby in two ways. It provides respectable seeming cover for members of Congress to vote the Way the lobby pays them to with Campaign contributions. And it keeps the Public la Lastic about Ever controlling guns for its it Ivan safety. The Era it appears would rather gut its Teeth and live with californians As Saull weapon ban which it hates than risk losing the Chance to continue mis casting the Constitution. On second thought forget Turkey. I he word a a chickens comes to mind. C coi service
