Lawmakers, don’t let paper tiger Birchers tell you otherwise.
Lawmakers, don’t let paper tiger Birchers tell you otherwise.
A mericans’ frustration with Congress is boiling over again. That means the idea of term limits on Congress is back and is even more popular than it was in the 1990s, when 23 states voted to impose term limits on their own congressional delegations but were thwarted by a 5–4 Supreme Court decision.
A recent poll by Quinnipiac University found that disapproval rates have grown for Republicans and Democrats in Congress. Only 32 percent of voters approve of how congressional Republicans are doing their job, and a mere 21 percent approve of Democrats’ performance.
Over the past 13 months, legislatures in North Carolina, South Carolina, Tennessee, Indiana, Louisiana, and South Dakota have passed resolutions calling for an Article V convention to impose term limits on Congress. Ohio and Arizona may be about to follow. The movement, led by the nonprofit organization U.S. Term Limits, has gained remarkable momentum. While resolutions must be approved in at least 34 states to trigger a convention, the far more probable outcome is that Congress will act first — proposing its own term limits amendment with a grandfather clause — to avoid having tougher terms dictated by the states.
The message from the states is clear: Americans are done waiting.
If one were to ask Americans, “Why doesn’t Congress have term limits?” nearly all would likely put the blame on career politicians in Washington. The swamp is self-serving, of course, which means it is loath to limit its own power. Indeed, many members of Congress are opposed to term limits. But these careerists have found an unexpected ally: the John Birch Society. If Chuck Schumer and Nancy Pelosi are the quarterback and halfback, the John Birch Society serves as the offensive line.
The Birch Society’s playbook is quite simple. It gets in the ears of Republican state legislators who of late have been debating whether to vote for an Article V convention limited to the topic of congressional term limits. It deploys a tiny but committed volunteer force — consisting mainly of retirees. They have the time to attend public hearings and send emails to legislative offices to oppose the bills. Moreover, Bircher leaders often tell their members that a convention would result in a repeal of their right to free speech and their right to bear arms, which instills a sense of apocalyptic doom in Birch Society members and motivates them to make calls and, of course, to send more checks to the Birch Society.
These fears are misplaced. Congress will never allow a term limits convention, and the pro-term-limits side knows it. Their convention strategy is a means of forcing Congress to propose the amendment, which it will not do in the absence of pressure. If a convention were to be held, state legislators would propose retroactive, prospective, or even short-term limits — so Congress would act first to ensure any limits protect incumbents.
As a consequence of the John Birch Society’s activities, many Republican state lawmakers — especially in Montana, Wyoming, and Idaho — are too afraid to vote for congressional term limits. This fear, too, is misplaced. Despite roaring loudly at public hearings and sending chain emails, the Birch Society has never defeated a single officeholder over his or her support for a convention for term limits. Ever since Ronald Reagan and William F. Buckley Jr. made it clear that they had no use for the Birch Society’s conspiracy theories, the organization has been a paper tiger. Fortunately, many Republican state officeholders have begun to realize this. Even Wisconsin, where the John Birch Society is headquartered, opted for term limits in 2022. Lawmakers faced zero political consequences.
The tendency of GOP legislators to acquiesce to the Birchers is even more bizarre when one considers who is bankrolling the other side. U.S. Term Limits is a group controlled by wealthy real estate magnate Howard Rich. He is a legendary political bundler who serves on the board of the Club for Growth, which spent $150 million on congressional and other races last year. Unlike the John Birch Society, Rich has been putting his money where his mouth is.
In the last two election cycles, U.S. Term Limits and its affiliated PACs have spent millions electing state legislators who have signed a pledge to vote for the term limits convention. They’ve also spent millions to defeat opponents of the bill, often to great effect. Between 2022 and 2024, Rich’s groups knocked out five anti-term-limit incumbents in the Arizona legislature. Earlier this year, the Arizona House of Representatives — emboldened by a new pro-term-limits majority — passed the Article V resolution narrowly. We’ll see what the state senate does on Wednesday, when it is likely to have a revote on the issue.
The idea of congressional term limits is already immensely popular, with 86 percent support from Democrats and 90 percent support from Republican voters. Candidates and lawmakers who listen to the John Birch Society are not only ignoring their constituents; they are also putting their own careers in danger.