240 Sixteen of the African Americans are newly elected but of the sixteen

240 sixteen of the african americans are newly

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240 Sixteen of the African-Americans are newly elected, but of the sixteen, thirteen are from largely African-American districts that were created through reapportionment. That means only three replaced African-American incumbents. 2 41 The remaining twenty- six districts demonstrated that their incumbent African-American representatives remain their representatives of choice. There can be little doubt that term limits would result in African-Americans having to choose another representative who is not their primary choice. 242 Even term limit advocate George Will admits that "[t]erm limits limit choices, and hence are an excision . . . from the sphere of civic freedom." 243 Neither whites nor African-Americans should have their choice of representatives limited. But it should also be considered that for 200 years, whites have had the freedom to elect representatives of their choice. Conversely, even though blacks were ostensibly given the right to vote when the Fifteenth Amendment was passed in 1870, "[u]nfortu- nately for historical accuracy and for the health of our society[, this right has not been realized] for most of the century since passage of that amendment." 244 Now, at a time when minorities are gaining 238 S. REP. No. 417, supra note 155, at 5, reprinted in 1982 U.S.C.C.A.N at 182 (quoting Senator Jacob Javits). 239 42 U.S.C. § 1973 (1988). 240 See supra note 165. 241 See Ronald Smothers, Black Caucus in Congress Gains in Diversity and Experience, N.Y. TIMES, Nov. 10, 1992, at A17. 242 Term limits enacted at the state level might also result in a violation of Section 5 of the Voting Rights Act in some states. See Robert Pear, Curb on Atlanta Mayors in Doubt, N.Y. TIMES, Dec. 18, 1980, at A24 (discussing that a term limitation provision adopted for Atlanta may have been unenforceable, because it was not precleared by the Attorney General or a federal judge as required by Section 5). 243 WILL, supra note 5, at 4. 244 Armand Derfner, Racial Discrimination and the Right to Vote, 26 VAND. L. REV. 523, 523 (1973). This article provides a thorough history of the barriers African- Americans have had to face in their quest for effective participation in the American political process.
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CONGRESSIONAL TERM LIMITS electoral success, and reaping the benefits that the longevity of that success brings, term limits would result in an abridgment of their opportunity to participate in the political process and to elect representatives of their choosing. Although term limits on their face may not seem discriminatory in an historical sense, they would result in "freezing discrimination under ... unconstitutional prior [practices]." 245 It can be argued that if minorities had received the reality of equal voting rights since 1870, instead of the promise of the Fifteenth Amendment, the political landscape might be more representative of America's diversity. Justice Stevens recognized in his dissent in Presley v.
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