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Although the Supreme Court last year threw out the term limits that voters in 23 states had placed on their Congressional representatives, supporters are using another route to achieve the same end. They are calling on Congress to send a constitutional amendment to the states for ratification.

• Supporters are following a course that the Constitution's Article V authorizes: "on the application of the Legislatures of two-thirds of the several states, (Congress) shall call a convention for proposing Amendments."
• Next month, citizens in 15 states will have an opportunity to vote on the matter.There are those who oppose this route, fearful that calling such a convention would open up a Pandora's box of proposed amendments, and that a "runaway" convention could do irreparable harm to the Constitution.

Supporters, however, point out that a convention has no authority to amend the Constitution -- only propose amendments. Those amendments must later be ratified, as prescribed by the Constitution, by the concurrence of three-fourths of state legislatures, or by conventions in three-fourths of the states. Since Nebraska alone has a unicameral legislature, it would take majorities in 75 of the 99 state legislative bodies to ratify any change in the Constitution -- a formidable obstacle.

Source: Roger Pilon (Cato Institute), "Who's Afraid of a Constitutional Amendment on Term Limits?" Wall Street Journal, October 16, 1996.

A record number of ballot initiatives will face voters next week. In all, 94 measures have been introduced among 24 states -- most of which give citizens an opportunity to bypass legislatures and limit government on their own.

• Of the 94 choices, 55 favor less government, 24 would increase states' powers, and 15 would produce no major changes in governmental powers.
• Among those which would increase government powers, initiatives in four states would increase the minimum wage.
• Others include proposals to increase sales taxes and tighten environmental regulations.

The most controversial and far-reaching proposal, California's Prop. 211 (which would make it easier for companies and their directors to be sued when their share prices fall) has also been the subject of the most expensive campaign: $40 million spent by both sides.

In addition to the state initiatives, voters in the city of Denver will consider whether to raise the minimum wage there to a breath-taking $7.15 an hour -- $2.40 above the current national minimum.

In California, Prop. 210 would set the minimum wage at $5 next year and $5.75 in 1998. Analysts warn that passage would result in the loss of around 100,000 jobs and cost the state's economy $2 billion annually.

Other measures which would hurt business are a rise in sales taxes in Missouri, a higher bottle tax in Oregon and more environmental regulations in Florida and Maine.

Among measures which would reduce government or taxes:

• California's Prop. 218 would limit fees levied for government services and require voter approval of tax and fee hikes.
• In Oregon, Measure 46 would require voters to approve tax increases, and Measure 47 would cut and cap property taxes.
• In Florida, Question I would amend the state constitution to require two-thirds of voters to approve an increase in taxes or fees.
• Fourteen states have congressional term limits on the ballot -- seeking a limit of three terms in the House and two in the Senate to be inserted into the U.S. Constitution.

Source: Jeff A. Taylor, "The Dueling Ballot Initiatives," Investor's Business Daily, October 30, 1996.

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