PolicyBrief
H.J.RES. 120
119th CongressSep 11th 2025
Proposing an amendment to the Constitution of the United States to limit the number of consecutive terms that a Member of Congress may serve.
IN COMMITTEE

This joint resolution proposes a constitutional amendment to establish specific limits on consecutive terms for Senators and Representatives, with exceptions for partial terms served due to vacancies.

Seth Magaziner
D

Seth Magaziner

Representative

RI-2

LEGISLATION

Proposed Constitutional Amendment Caps Senators at 2 Terms, Representatives at 5, With a One-Year Break

This joint resolution proposes a major structural change to how Congress operates: adding term limits to the U.S. Constitution. If ratified, Senators would be limited to two full, consecutive terms, and Representatives to five full, consecutive terms. After hitting that limit, the member must take a mandatory one-year break before they can run for that chamber again. Think of it as a mandatory sabbatical before you can get your old job back—if someone else hasn't taken it.

The Turnover Trade-Off: Experience vs. Fresh Faces

The core idea here is to force turnover. For people tired of seeing the same faces in Washington for decades, this change is designed to clear the deck. A Senator’s term is six years, so two terms is 12 years of continuous service. A Representative’s term is two years, making five terms 10 years. This means after a decade or so, even the most powerful committee chair has to step out for a year. The potential benefit is clear: more open seats, more opportunities for new candidates, and potentially less entrenched power.

However, this introduces a major trade-off. Imagine you’re a small business owner relying on a long-serving Representative who finally understands the complex regulatory landscape of your niche industry. Under this amendment, that institutional knowledge walks out the door after 10 years, and you’re left training the next person from scratch. While the new person might bring fresh ideas, losing that deep experience could be costly, especially for complex issues like infrastructure or international trade agreements.

The Fine Print: How Terms Are Actually Counted

The devil is in the details, especially when it comes to counting terms. The resolution is careful to define what doesn't count toward the consecutive limits, which creates some interesting potential loopholes. If a member is appointed or elected to fill a vacancy—say, someone resigns mid-term—that partial service generally doesn't count against their limit. Specifically, a Senator’s partial term only counts if they serve more than three years of it, and a Representative’s only counts if they serve more than one year.

This carve-out means a Representative could serve nearly two full years filling a vacancy, then immediately run for five more full terms, extending their time in office to nearly 12 years before the mandatory break kicks in. For the average person, this complex counting system means the term limits aren't quite as strict as they sound, potentially allowing savvy politicians to strategically manage their service to maximize their time in office. Furthermore, any service completed before the amendment is ratified is essentially wiped clean—everyone starts counting from zero on Day One, meaning current long-serving members are immediately eligible for another 10 to 12 years of continuous service.

The One-Year Time-Out

The mandatory break is only one year. For busy professionals or trade workers, a year is a long time. For a seasoned politician, it’s just enough time to fundraise, write a book, join a think tank, and stay completely plugged into the political machine before running for the exact same seat again. This short break could mean that while the seat is technically open, the former incumbent remains the overwhelming favorite to return, potentially undermining the goal of promoting truly new blood and fresh perspectives. The amendment forces a pause, but it doesn't necessarily force retirement or a true exit from the political arena.