Back in the 90’s, U. S. Term Limits convinced the people of 23 states to limit the terms of their own representatives in Congress. Justice Anthony Kennedy was the fifth vote in U.S.T.L. v. Thornton, which declared such limits a violation of the principle that “the people should choose whom they please to govern them.”
But wait – when the people of a state adopt term limits for themselves, aren’t they making just such a choice?
Congress, of course, would never propose a constitutional amendment to overturn this fundamental violation of states rights. That’s up to the states themselves, using the procedures of Article V.
This question will be presented to the Alaska legislature next year. Will they stand up for the rights of the states, and the people, and pass an Article V resolution to overturn this act of judicial imperialism?