This year is the thirtieth anniversary of two major decisions made by Missouri voters. One has proven itself to be a disaster for Missouri’s political system and the other has led to proof of the fallibility of the first.
Missouri voters hypocritically approved legislative term limits with a 75 percent favorable vote on November 3, 1992.
On the same day, Missourians went 62 percent in favor of what was then called “riverboat gambling.”
These two events have become a toxic political brew in our system of government.
In today’s discussion we are going to look at term limits. Later we will discuss casino gambling.
The Old Testament minor prophet Hosea, a contemporary of more important prophets Isaiah and Micah, warned metaphorically of the downfall of Israel for its various sins—lying, murder, idolatry, and covetousness, along with spiritual and physical adultery, these latter two characteristics personally experienced by Hosea and his wife Gomer. Gomer carried on with another man. The faithful Hosea accused Israel of spiritual adultery.
He warned that Israel and Judah would fall:
“They sow the wind and reap the whirlwind. The stalk has no head; it will produce no flour.”
Term limits was the wind. We are reaping the whirlwind in the Missouri General Assembly—most particularly in the Missouri Senate. But the term limits whirlwind is not just blowing in the Senate which heads towards its spring break at the end of this week with only one bill approved in weeks of division, derision and disrespect. It is felt less in the House where its impact is less visible because it is more controlled.
It rages in the Senate where unlimited debate among the 34 members is still considered a virtue—as it should be if members respected it more than they abuse it. The House has rules that are necessary in a chamber of 163 members to limit the time a member may speak on an issue.
The public, which has little interest in the more subtle or arcane factors of lawmaking, bought the idea that politicians should be limited to a maximum of eight years in the House and eight in the Senate because politicians are basically—
Crooked.
—Except for their own representative or senator. While voting to limit House members to four terms and Senate members to two terms, many of those 1992 voters were electing their Representatives and Senators to terms five or three in many districts.
The voters voted to restrict their own right to vote when they for term limits. This year, voters in will be prohibited from considering whether five of their Senators deserve a third term. In most of those cases, those Senators will never again have the privilege of representing their citizens on the floors of the House or the Senate. Voters in 1992, most of whom do not live in those senatorial districts, decided these five are no longer fit to serve regardless of how distinguished their work might have been.
But terms limits is more dangerous than that.
Those of us who voted in that election were warned that term limits would destroy the institutional memory that is vital to lawmaking. Senior lawmakers who knew the value of respecting the other side of the aisle, of knowing that today’s enemy is tomorrow’s friend, who understood that collegiality benefitted the people of Missouri more than hostility, disappeared. With no one to teach newcomers the importance of legislative control of the lawmaking process, that control passed to outsiders.
I watched the first crumbling of the legislative process. The first piece fell the first time I heard the sponsor of a bill ask a colleague offering an amendment, “Have you run this past so-and-so in the hall?,” clearly an indication that a blessing from a lobbyist (lobbyists are not allowed within the floor of the chambers during debate) was necessary for acceptance of the amendment.
Later as cell phones became more ubiquitous, I watched debaters with their cellphone in their hands checking for text messages that influenced the debate. Technology has put the lobbyists in the chambers.
There also have been other indications that much of the power of lawmaking has shifted from the bests interests of constituents being argued on the floors of the House and Senate to the best interests of those in the hallways being transmitted into the discussion from outside.
I watched the disappearance of lawmakers capable of amendments written by hand during the debate, replaced by pauses in debate so a legislative staff member could write what he or she was asked to write—the origin of the amendment sometimes in a text message from outside.
In the entire first half of this legislative session, only one bill has been approved by both chambers and sent to the governor. Just one.
The wind the voters sowed in 1992 is the whirlwind of 2022 and in the splintered and often dedlocked Missouri Senate, at least, (and in the Congress as well) “The stalk has no head; it will produce no flour.”
And legislative bodies—Congress and state assemblies alike—seem unwilling to prove they serve above the low regard the public has for them.