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I am very familiar with the lone individual who is responsible for not allowing state legislatures to impose term limits on members of the U.S. Congress. This individual was my constitutional law professor while I was in law school in the school year of 1985 to 1986. For three hours a week, for a whole year, he was my professor. In law school there is much more personal interaction with professor and student than in any other type of teaching situation. I know this individual was very partial to politicians. His father was a career politician, as well as a very well known lawyer in the Sacramento, California, area. Until 1967, California had a part-time legislature, as Montana still has today. This individual's father was a Republican and was well acquainted with Ronald Reagan when he was governor of California. It was Reagan's suggestion to President Ford that paved the way for my law professor to become a justice on the 9th Circuit Court of Appeals.

Of course, the person I am talking about is Anthony Kennedy. Whether or not a state legislature can impose term limits on U.S. Congress members was the issue before the court in 1995 in the case of U.S. Term Limits, Inc. vs. Thornton, a case that originated in Arkansas. In a five-to-four decision the court declared the state law imposing term limits on U.S. congressional members unconstitutional. Anthony Kennedy joined the liberals on the court in this decision. Anthony Scalia and the other conservatives dissented. I believe Kennedy was quite biased in favor of career politicians. I remember he mentioned several times that he participated in the state legislature somewhat like a page boy, or something like that. For those who like to know the rest of the story — there it is!

Dr. W. David Herbert

Billings

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