Limits on Service in Congress
Joint resolution proposing an amendment to the Constitution
- Type
- Joint resolution proposing an amendment to the Constitution, with the full text of the proposed article. Discussion draft, not for introduction, and subject to licensed constitutional counsel review. Not official U.S. government analysis and not the product of the Office of the Legislative Counsel.
- The limit
- No person may be elected or appointed to a term in the House or the Senate if completing that term would carry their service past six Service Units. One Service Unit is 730 days of House service; a Senate term counts as three. Six Service Units is twelve years, combined across both Houses.
- How service is counted
- By days actually held, from the later of the start of the term and the oath, until death, resignation, expulsion or the end of the term. A vacancy appointment counts only the remainder of the term. Service as a Delegate or Resident Commissioner counts as House service.
- Transition
- The article applies to terms beginning on or after ratification. Service held before that date does not count.
- Enforcement
- The article is self-executing. Officers who administer the oath or seat Members must refuse a disqualified person; States may keep an ineligible candidate off the ballot; the Secretary of the Senate and the Clerk of the House keep the official service records; challenges go to the District Court for the District of Columbia with direct appeal to the Supreme Court. Each House keeps its power to judge its Members’ qualifications and must apply the limit when it does.
- Revision history
- Discussion draft v0.6, 30 October 2026. Posted to sanctir.com 30 October 2026.
Section 1, limit on service. Bars election or appointment to any term whose completion would carry the person past six Service Units.
Section 2, definitions. Fixes the Service Unit at 730 days (a Senate term is three), counts days held after the effective date, and defines holding office, projected service, the term for vacancy appointments, and Delegate service.
Section 3, oath and seating. No disqualified person may take the oath or be seated, and the officers who administer the oath or seat Members must refuse.
Sections 4 and 5, transition and effective date. Applies to terms beginning on or after ratification, which takes effect when the last necessary State ratifies; the Archivist’s certification is evidence of ratification, not a condition of it.
Sections 6 and 7, enforcement and review. Self-executing; Congress may provide records, pre-election procedures and expedited review but may not change the limit, the definitions or the transition rule. Official service records, State ballot authority, review in the District of Columbia with direct appeal to the Supreme Court, and each House’s Article I, Section 5 power preserved.
Section 8, ratification period. Inoperative unless ratified by three-fourths of the States within seven years of submission.
Counted in days, not terms. Service is measured in fixed 730-day Service Units across both Houses, and eligibility is tested before each term against the service the person would hold at its end. A Representative, a Senator, or someone who has served in both reaches the same twelve-year limit, and a partial term filled by appointment counts only for the days it covers.
Read the draft
What this draft does not establish
This is a discussion draft prepared for deliberation. It is not a joint resolution introduced in Congress, it is not the product of the Office of the Legislative Counsel, and it is not official U.S. government analysis. It is subject to review by licensed constitutional counsel.
The draft is published as text only, without a cover memorandum or legal analysis. Nothing in it is legal advice or a substitute for counsel.
Suggested citation
George, Collin B. Limits on Service in Congress: Joint resolution proposing an amendment to the Constitution. Legislative discussion draft LD-2026-07, version 0.6. Sanctir LLC, 30 October 2026.