That’s the question that I put to Richard Epstein and John Yoo on the episode of “Law Talk” that we just finished recording. The debate may surprise you. The two professors are worlds apart on this issue.
The discussion was driven by a bill filed last week by veteran New York Congressman Jose Serrano (a Democrat) to repeal the 22nd Amendment, limiting presidents to two terms. To Serrano’s credit, his motives seem to be institutional rather than partisan. He’s filed this legislation in the midst of both Republican and Democratic administrations. And you might be surprised to know which other members of Congress have voiced their support for the idea in the past — they include Harry Reid, Mitch McConnell, and Steny Hoyer.
You’ll have to listen to the podcast for my proposed solution, which involves taking a page out of a former president’s playbook.
So how about it? Do term limits leave the president dangerously unaccountable in his second term? Do they safeguard us against a greater consolidation of power in the executive? Hash it out in the comments.