deluged those of minorities year after year Id at 5 19 Id 2315 1993 2316

Deluged those of minorities year after year id at 5

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deluged those of... minorities year after year." Id. at 5. 19 Id. 2315 1993]
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2316 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 141:2311 their wording to suggest that they are discriminatory." 2 0 While on their face term limits seem to affect all voters evenly, as will be shown, they do not. 2 1 Finally, it should be noted that minority vote dilution can occur even after a minority representative or group of minority representatives is elected to Congress by virtue of the representatives being consistently outvoted on issues of concern to their constituents. Congressional longevity can actually work to curb such situations. With this factor in mind, "[p]olitical effective- ness [should] be measured by the actual ability to affect legislative decision-making," and not just the presence of minorities in Congress. 22 A central thesis of this Comment is that term limits will increase the power of the president and the executive branch relative to the power of Congress. One major counter-argument that proponents of term limits like to emphasize is that the president already labors under term limits. So, they ask, don't term limits just level the playing field? 23 The short answer is "no," because the president's powers are broader and more substantial than those of Congress. Indeed, the president's powers are not as neatly defined as some might think. II. THE POWERS OF THE EXECUTIVE BRANCH COMPARED WITH THOSE OF CONGRESS A. Separation of Powers: Reality or Myth? According to Supreme Court Justice Antonin Scalia, the Massachusetts Constitution set out the nuclear concept of separa- tion of powers in 1780: [T]he legislative department shall never exercise the executive and judicial powers, or either of them: The executive shall never exercise the legislative and judicial powers, or either of them: The 20 id. 21 See infra part IV. 22 Lani Guinier, No Two Seats: The Elusive Quest for Political Equality, 77 VA. L. REV. 1413, 1494 (1991). 23 See Mark B. Liedl, The Case For Limiting Congressional Terms, THE HERITAGE LECTURES No. 291 (Nov. 10, 1990), available in LEXIS, Nexis Library, ARCHIV File (on file with the Heritage Foundation, Washington, D.C.) ("Some critics of term limits argue that such a reform would tilt powers to the president at the expense of Congress. This argument fails to account for the fact that the balance already has been tilted toward Congress by the 22nd Amendment [which limited the presidential office to two terms].").
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CONGRESSIONAL TERM LIMITS judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men. 24 Similarly, Scalia believes, "[t]he Framers of the Federal Constitu- tion ... viewed the principle of separation of powers as the absolutely central guarantee of a just Government." 25 Neverthe- less, although the United States Constitution states that "[a]ll legislative Powers herein granted shall be vested in a Congress of the United States," 26 the concept does not reflect the way the three branches of the federal government actually work.
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