On June 26, 2014, Douglas Campbell, state chair of the Colorado Constitution Party, died. This is somewhat old news but it has just now come to the attention of B.A.N. Campbell won one of the most significant lawsuits in the nation’s history over Article One and the constitutional qualifications to run for Congress in 1999, Campbell v Davidson.
Campbell said he was conscientiously opposed to registering to vote. Nevertheless, he wanted to run for Congress in 1998 as the nominee of the Constitution Party (which was then called the U.S. Taxpapers Party). He petitioned successfully but was still kept off the ballot because the law required all ballot-listed candidates to be registered to vote. He persuaded a U.S. District Court, and then then Tenth Circuit, that a state law requiring candidates for Congress to be registered voters violates the principle set forth in U.S. Term Limits v Thornton, which is the U.S. Supreme Court 1995 decision that said states can’t add to the constitutional qualifications for Congress and therefore state term limits laws for Congress are void.
Colorado appealed its loss in the Campbell case to the U.S. Supreme Court, but the U.S. Supreme Court refused to hear the case. The cites for Campbell v Davidson are 46 F.Supp.2d 1115 (1999), 233 F.3d 1229 (2000), and 532 U.S. 973 (2000). Since the Campbell decisions, similar lawsuits were won in the Ninth Circuit by Michael Schaefer, and somewhat parallel decisions in the Fifth and Second Circuits.
There are other state ballot access restrictions that violate U.S. Term Limits v Thornton, particularly laws in a few states that require candidates for Congress to have been registered in a certain way. But the only ballot access laws that have ever been struck down on Article One grounds are term limits laws and laws requiring voter registration and/or residency. Campbell showed a great deal of courage in bringing his lawsuit. He had to face the ridicule that comes when voters hear that a candidate wants to be elected, yet refuses himself to register to vote. When he sued, he had no precedents directly on his side. His victory is probably the most significant constitutional election law decision ever won by a member of the Constitution Party. Campbell lived in Arvada, Colorado, and was age 68.
Very saddened to learn of his death. Did not know him or cannot recall every hearing of him, but I feel close to all those who have a propensity to find their political salvation within a 3rd party or as a Independent.
Among the activists who belong to a 3rd party or a Independent, we are small in number. It would be much easier to just select one of the major parties and grit our teeth and hopefully some of its nominees as well as office-holders, might embrace our position on some of the major issues. There was a time some 30 years ago, when such were possible, but today, other than in a small local jurisdiction, it is almost hard to find one holding public office who shares my political values and beliefs. Perhaps someday there will be more of us and our activities will have influence upon the political affairs of this nation.
My thoughts and prayers go to Campbell family.
Wasn’t he with the American Party at one point?
States like Montana, who passed term limits still, have congressional limits in the state Constitution. Former Montana senator Conrad Burns supported term limits until he got elected. Term limits for Federal offices would be a good idea.
Term limits may be the only way to stop powerful politicians from building careers in Washington, not to mention the lucrative pensions that follow when they retire or defeated.
We already have a two term limit on the President, and it should remain this way.
U.S. Senators should be limited to two 6 year terms for a total of 12 years.
House members should be limited to 6 two year terms for a total of 12 years.
(And it would not be a bad idea to prohibit a Congressman who has served his/her 12 years from running for U.S. Senator to get another 6 or 12 years.)
I have earlier expressed my views on the Courts which likewise should be term-limited – 1 nine year term for each Supreme Court Justice, and lower courts to no more than 12 years total service.
Our Founding Fathers anticipated a citizen-based government – not a political dynasty lasting 25 or 30 years, and who become so powerful they can’t be beaten at the polls. We all have a favorite Senator or Congressman/woman who has already served more than 12 years, but we must be willing to give up our selfishness so that we can get a control on too many powerful politicians in Washington.
Term limits for all federal officeholders, and automatic ballot access for all 3rd parties and Independents. This will be the beginning of returning our nation to being a constitutional republic with democratic ideals.