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OpinionMay 31, 1995

The U.S. Supreme Court has dealt a setback to limiting the terms of members of Congress. But don't be fooled. This 5-4 ruling won't derail this speeding train. The court's ruling was narrow in its focus. It invalidated congressional term limits in Arkansas, striking down similar measures in 22 other states including Missouri. The court also barred Congress from imposing term limits on its own members by simply enacting a statute...

The U.S. Supreme Court has dealt a setback to limiting the terms of members of Congress. But don't be fooled. This 5-4 ruling won't derail this speeding train.

The court's ruling was narrow in its focus. It invalidated congressional term limits in Arkansas, striking down similar measures in 22 other states including Missouri. The court also barred Congress from imposing term limits on its own members by simply enacting a statute.

The ruling was misguided, but it won't change the ultimate outcome. Term-limit advocates -- polls consistently show 75 percent of Americans favor term limits -- will simply take a different route to the same end. A constitutional amendment -- the only process left by the Supreme Court -- may be more difficult than state initiatives, but it can be achieved by a determined public. This is evidenced by the very fact 23 states had approved congressional term limits since 1990.

Some proponents of term limits say it will be extremely difficult to win ratification of a constitutional amendment. But there are already 26 amendments to the Constitution, the most recent granting 18-year-olds the right to vote in 1971. There is certainly room for one on term limits. It would be a nice complement to the 22nd Amendment, which limits the president to two terms.

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Passage of a constitutional amendment requires a two-thirds vote in each chamber of Congress. Such a vote failed earlier this year, but voters are paying attention. This will become a key issue in 1996 elections across the country. Eventually, the attitudes of the majority of senators and representatives will match those of a more conservative public. Once enacted by Congress, a proposed amendment must be ratified by three-fourths of the states within seven years.

From the beginning, amendments have allowed the Constitution to adapt to changing times. These amendments haven't altered the basic foundation of our nation, but they have expanded or limited the powers of government. The first 10 amendments, known as the Bill of Rights, were ratified on Dec. 15, 1791. Some of the states threatened to withhold their approval of the country's new Constitution unless the Bill of Rights was added.

Some of the amendments since then have been momentous, such as the abolition of slavery in 1865 or granting women the right to vote in 1919. Others were downright contrary -- the 18th Amendment outlaws liquor, and the 21st Amendment repeals prohibition.

Another option may be Sen. John Ashcroft's proposed constitutional amendment that would restore states rights on term limits. All means should be explored to this end.

The 26 constitutional amendments illustrate the will of the people in a wide range of issues. These were issues that states felt strongly about, and change followed. The same will be true with term limits. Eventually, the will of the people will win out.

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