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Battles continue over term limits.


Term limit supporters are cheering over the U.S. Supreme Court's March 23 refusal to hear a challenge to California's 1990 law. Proposition 140 sets lifetime limits of three two-year terms for Assembly members and two four-year terms for senators. Without commenting on its merits, the ruling lets stand a lower court decision that voters have the constitutional right to limit state lawmaker's terms.

Supporters also scored in Michigan this winter when a federal district court ruled that the state's term limits are not unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution. . The 1992 amendment to Michigan's constitution sets lifetime limits of two four-year terms for the governor, secretary of state, attorney general and Senate members, and three two-year terms for House members. The group Citizens for Legislative Choice has appealed this decision in the 6th Circuit Court.

The newest court battle is brewing brewing: see beer.  in Florida, where a suit challenging the state's "Eight is Enough" law was filed in February in Leon County Leon County is the name of several counties in the United States:
  • Leon County, Florida
  • Leon County, Texas
 Circuit Court. Florida's constitutional amendment, approved by voters in 1992, limits the terms of state lawmakers and cabinet members to eight years. It takes effect in 2000, forcing 13 senators and 72 House members out of office.

The suit was filed by constituents of senators who will be termed out in 2000. They argue that limiting voters' choices on the ballot "is an unconstitutional restriction on their federal right to a meaningful vote." The lawsuit also claims that term limits discriminate dis·crim·i·nate  
v. dis·crim·i·nat·ed, dis·crim·i·nat·ing, dis·crim·i·nates

v.intr.
1.
a.
 against residents of rural counties, which are often represented by a single senate seat. That seat would go to an inexperienced in·ex·pe·ri·ence  
n.
1. Lack of experience.

2. Lack of the knowledge gained from experience.



in
 rookie rookie

a novice; often an athlete playing his first season as a member of a professional sports team. [Sports: Misc.]

See : Inexperience
 every eight years, while urban counties that have several senate seats are more likely to have at least one experienced senator in office.

The so-called "Scarlet Letter scarlet letter

“A” for “adultery” sewn on Hester Prynne’s dress. [Am. Lit.: The Scarlet Letter]

See : Adultery


scarlet letter
" laws took a beating in the courts this winter. Passed by voters in nine states in 1996, these laws call for the phrase "disregarded voter instruction on term limits" to be printed next to the name of any congressional representative or candidate who fails to support a term limits amendment to the U.S. Constitution.

The Colorado Supreme Court The Colorado Supreme Court is the highest court in the U.S. state of Colorado. It consists of a Chief Justice and six Associate Justices. Powers and duties
Appellate jurisdiction
 unanimously ruled against the state's Scarlet Letter provision in January, saying it violates the U.S. Constitution because it wrongly shifts legislative powers from Congress and state lawmakers to citizens.

A district court ruling in February said essentially the same thing about Missouri's Scarlet Letter law, adding that it imposes unconstitutional qualifications on candidates and violates the First Amendment right to free speech. An appeal filed by Missouri's attorney general was refused.
COPYRIGHT 1998 National Conference of State Legislatures
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1998, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:State Legislatures
Date:May 1, 1998
Words:417
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