Its only power is to suggest amendments to the states, who hold the real power.
Remember: the convention itself has zero power to amend our Constitution. The ultimate safeguard in Article V, however, is its very high bar for ratification. If groups come forward with lawsuits challenging an amendment to come out of convention, the courts can mediate that dispute. The topic of term limits is so clear and unequivocal that it cannot be construed to include amendments on other subjects.Īny departure then, by either the delegates or Congress, would be unlawful and subject to judicial review. Their role of convention caller is ministerial, and they are only allowed to choose between two options for ratification.ĭelegates to the convention – who can be recalled and even imprisoned by their states - have some discretion, but it’s limited to amendments within the subject area chosen by 34 states. Once the Term Limits Convention applications get to Congress, there is no wiggle room for legislators to insert agenda items. If the state applications specify radical amendments, then that’s not running away – it’s attempting to create an entire convention based on bad ideas. Legal RequirementsĪnother defect in the runaway reasoning is identifying the stage at which unlawfully expanding the agenda is possible. Congress did recommend the Convention stay limited, but it was merely advice that bound no one legally.įar from a runaway, the 1787 Convention was yet another example of an American convention doing exactly what it was told to do, whether broad or narrow. This was made explicit by the instructions their states gave them. In reality, 10 of the 12 state delegations at that convention had broad authority which included the ability to adopt a new Constitution. Hence, it’s said they jumped over their boundaries and ran outside the law. The false narrative goes like this: Convention delegates only had the authority to amend the Articles of Confederation (America’s first Constitution), but ignored that and threw the Articles on the scrap heap. On rare occasions a delegate would suggest departing from the agenda, but that person would get nowhere because checks and balances were built-in, as they are here.Ī common internet meme calling the Philadelphia Convention of 1787 a runaway is based on poor scholarship. In the hundreds of state and interstate conventions that have taken place here in the founding era and beyond, none have ever run away. Historical PrecedentĮxhibit A in this discussion is America’s very long and documented history of conventions.
#Congress term limits imeme how to#
Our disagreement is on how to get there.Īfter consulting with the top experts, we’ve concluded that the arguments for runaway convention are without merit and not supported by the evidence. Most do support term limits and other ideas that have been floated inside the Article V sphere. These fears have been seeded into many Americans’ minds by groups like the John Birch Society and Eagle Forum.įirst, it’s important to note that those who subscribe to runaway convention thinking aren’t less patriotic or doing so with wicked aims. Under these wild scenarios, the Bill of Rights gets repealed and tyranny is foisted onto the American people. The biggest obstacle to a successful Term Limits Convention will be policymakers and concerned citizens who believe such a convention has the power to “run away” and open up the entire Constitution for revision.
Model Article V Term Limits Convention Application.County Resolution On Article V Term Limits Convention (SAMPLE).Term Limits Election Results (includes local) Since 2008.State Term Limits Initiatives Since 2012.USTL Term Limits Resolutions in Congress.
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