PROPOSALS MAY HAVE UNINTENDED EFFECTS

Although it was never codified as one of his own, Murphy would surely have endorsed both the logic and validity of our Law of Unintended Consequences. Briefly, this "law" declares that the original intent of any corrective measure is seldom achieved and instead produces consequences never intended and seldom beneficial.

There is a very good chance that the 5.1 million citizens of Missouri will come face to face with the Law of Unintended Consequences if two proposed initiative referendum petitions, now making their way to ballot status, are approved and go into effect. The subject matter of the two proposals is closely related: both seek to limit the tenure of elected representatives of the people.

The first, and better known initiative petition, would restrict both representatives and senators elected to the Missouri General Assembly to eight years. For state representatives, this would mean four terms, since members of the lower chamber are elected every two years. For state senators, the proposed statute would allow them two 4-year terms before mandatory retirement.

The second proposal would limit Missouri's nine U.S. representatives in Congress to eight years, again four 2-year terms, and both of the state's U.S. senators to two 6-years terms, or a total of 12 years. This second initiative petition was registered only last month in the office of Secretary of State Roy Blunt, but since its sponsorship is identical to the state legislative referendum, the two proposals will be presented to citizens for their signatures at the same time.

The one principal difference between the two plans is that the one dealing with congressional term limitations will not go into effect until such time as a majority of the states approve their own term restrictions on members of Congress. This raises the possibility of several results of the Law of Unintended Consequences coming into play. First, there is a possibility a majority of the states will never enact such restrictions, in which case Missouri would be left with a law that is not a law.

The second possibility for Unintended Consequences is much worse than the first one. For sake of illustration, let's assume that a majority of the 50 states will enact a congressional term limitation law. That would trigger our state's restriction, limiting our senators to two terms, or 12 years, and our congressmen to four terms, or eight years. In those states where no restrictions exist, it surely will not take someone there long to recognize the advantageous gift the restricting states have just handed them. Since all offices in Congress, as well as the General Assembly, are based on seniority, those states without restrictions will soon hold every important job, from speaker on down to appropriations chairman, while those states limitings term will see their influence dwindle to insignificance.

At this moment, Missouri Congressman Richard Gephardt, holding the second most important office in the U.S. House of Representatives, is in line to become the next House speaker, arguably the second most influential job in Washington. Gephardt got to this strategic position by dint of ability, popularity and seniority. Denied the last, the first two qualities would never have allowed him to reach his present post of majority floor leader because congressmen from states where terms are not arbitrarily limited would have already taken this job.

The proposed congressional term limitation makes certain that none of Missouri's nine congressmen and two senators would ever be allowed to compete on a level playing field. It's a process known as cutting off your own nose.

We would not dispute the commonly voiced complaint that some members of the Missouri General Assembly and some members of Congress have stayed too long, although this is less true in Jefferson City than Washington. But those who have overstayed their welcome are a distinct minority, and all could be vacated from their offices by a reasonable term limitation period. But eight years is too brief a time for state legislators and U.S. congressmen to learn their jobs and become even halfway proficient at them.

Enacting legislation is not like riding a bicycle or driving an automobile. Skillful lawmaking is an acquired talent gained from experience, knowledge and a certain amount of time spent on the job. No one is just naturally a competent legislator, while few representatives suddenly display moral turpitude on their 9th year in office.

Both term limitation proposals promise unintended consequences: a state legislature populated with inexperienced lawmakers (the worst kind) and representatives in Congress with absolutely no power or influence to aid their constituents back home.