The planned vote, in the Tennessee Senate, on HJR 5 has been rescheduled again — now it is expected to happen tomorrow (Thursday, April 11) around 9:30 am Eastern Time. Please continue emailing, calling, and meeting with your senator, and urge him or her to oppose this disastrous resolution and prevent it from being enacted.
Click HERE to download our new “Article V Convention Brief” written by JBS Constitutional Law Scholar Joe Wolverton, J.D.
Term limits is one of the main excuses for applying for an Article V convention. Here are some points refuting a congressional term limits amendments:
- Term limits don’t tackle the fundamental issue of public understanding and responsibility for electing representatives.
- Imposing term limits would limit the electoral choices of voters and potentially remove good, constitutionalist congressmen.
- Imposing term limits contradicts the American government system established by the Founders. The Constitution’s provision for frequent elections effectively serves as term limits, as intended by the Founders like James Madison.
- Alexander Hamilton, in The Federalist, No. 72, criticized the superficial appeal of term limits, a view applicable to many COS proposals. At the Constitutional Convention, Gouverneur Morris warned against term limits for their negative impact on motivation and good governance.
- The Constitution already sets “good behavior” as a term limit for federal judges, with removal power vested in Congress. COS’s push to limit Supreme Court justices’ terms overlooks the existing constitutional provision and responsibility of Congress to impeach underperforming judges.
- Effective governance can be achieved by enforcing the existing Constitution, not by amending it to limit terms.
Any Article V convention could lead to a runaway convention, which could 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.
Above all, urge your state 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.
