Because of bad weather, the Tennessee Senate State and Local Government Committee has rescheduled its hearing on term-limits Con-Con resolution HJR 5. The hearing is now scheduled for Tuesday, January 23 at 10:30 am in Senate Hearing Room 1. HJR 5 has already passed the House, so if it passes the Senate, this disastrous resolution will be fully enacted!
We encourage you to attend this hearing and to testify against this dangerous resolution on Tuesday, January 23. If you submit written testimony against HJR 5, attach your letter (PDF, if possible) to Research Analyst Meredith Vitale by early Monday morning (CST) for distribution to committee members: Meredith.Vitale@capitol.tn.gov.
Address your written testimony to: Senator Briggs, Chair; Senator Walley, Vice-Chair; Senator Pody, 2nd Vice-Chair; and Members of the Senate State and Local Government Committee.
Additionally, the JBS encourages you to call the House offices of the members of the Senate State and Local Government Committee and urge them to oppose and vote NO on HJR 5. Listed below are the names and phone numbers of the committee members:
- Chair Sen. Richard Briggs (R): 1-615-741-1766, sen.richard.briggs@capitol.tn.gov
- Vice Chair Sen. Page Walley (R): 1-615-741-2368, sen.page.walley@capitol.tn.gov
- Vice Chair Sen. Mark Pody (R): 1-615-741-2421, sen.mark.pody@capitol.tn.gov
- Sen. Ed Jackson (R): 1-615-741-1810, sen.ed.jackson@capitol.tn.gov
- Sen. Adam Lowe (R): 1-615-741-1946, sen.adam.lowe@capitol.tn.gov
- Sen. John Stevens (R): 1-615-741-4576, sen.john.stevens@capitol.tn.gov
- Sen. Ken Yager (R): 1-615-741-1449, sen.ken.yager@capitol.tn.gov
- Sen. Jeff Yarbro (D): 1-615-741-3291, sen.jeff.yarbro@capitol.tn.gov
- Sen. Sara Kyle (D): 1-615-741-4167, sen.sara.kyle@capitol.tn.gov
Members of the Tennessee General Assembly are seeking to pass a resolution applying to Congress to “call a convention for proposing an amendment,” under Article V of the Constitution, otherwise known as a federal constitutional convention (Con-Con) or “convention of states,” as some erroneously call it.
House Joint Resolution 5 (HJR 5) has been introduced. It urges Congress to call a convention to propose a constitutional amendment “to set a limit on the number of terms to which a person may be elected as a member of the [U.S. House and Senate].”
HJR 5 claims it is “limited to” congressional term limits. However, any Article V convention, no matter how well intentioned, could lead to a runaway convention that would reverse many of the Constitution’s limitations on government power and interference. In other words, a Con-Con could accomplish the same goals that many of its advocates claim to be fighting against. As evidence, both a 2016 and 2023 simulated “Convention of States” resulted in amendments massively increasing the federal government and expanding its spending powers.
Furthermore, term limits would do nothing to limit the federal government or improve our representation. For example, they would throw out the best congressmen along with the worst. Furthermore, term limits ignore the most serious problems our nation faces, including fiscally-irresponsible policies and lack of adherence to the Constitution. In fact, we already have term limits — elections — while formal term limits on the U.S. president, by contrast, have failed to rein in the executive branch.
The late Supreme Court Justice Antonin Scalia understood the danger of a constitutional convention. While he voiced support for one at a 1979 event, the justice had reversed his opinion by 2014 due to the uncertainty of what could come out of it. In 2015, Scalia reiterated his opposition to an Article V convention, stating “this is not a good century to write a constitution.” Furthermore, what kind of delegates would Tennessee send to such a convention? Constitutionalist conservatives or RINO moderates and liberals?
In a December 30, 2022 tweet, Congressman Thomas Massie (R-Ky.) correctly noted that:
Repeal of the [16th and 17th amendments and the Federal Reserve Act] would obviate any need or want for a term limit amendment and a balanced budget amendment.
The document our founders gave us was genius, and we tamper with it at our own peril.
In 1979, then-U.S. Senator Barry Goldwater of Arizona, correctly warned about an Article V convention:
If we hold a constitutional convention, every group in the country — majority, minority, middle-of-the-road, left, right, up, down — is going to get its two bits in and we are going to wind up with a constitution that will be so far different from the one we have lived under for 200 years that I doubt that the Republic could continue.
Any Article V convention possesses the inherent power to propose any changes to the U.S. Constitution, including drafting and proposing an entirely new “modern” (i.e. socialist) constitution. Instead, the Tennessee General Assembly should consider Article VI and nullify unconstitutional laws.
Urge your state representative and senator to oppose HJR 5, and all other pro-Article V convention resolutions and to instead consider nullification as a safe and constitutional means to limit government.
