Why an Amendment to the Constitution is Needed
Since SCOTUS made it clear that a constitutional amendment is the only way to impose congressional term limits, there are two constitutional paths to achieve this goal:
- Article V Congressional Proposal: Congress can propose an amendment with a two-thirds vote in both the House and the Senate. Our proposal, backed by U.S. Representative Ralph Norman and U.S. Senator Ted Cruz, would establish a lifetime limit of three terms (six years) for House members and two terms (twelve years) for Senators.
- Article V State Proposal: The states can also initiate the process. If 34 state legislatures pass a resolution calling for an Article V convention for the sole purpose of proposing a term limits amendment, Congress must convene a national convention. This method allows the states to bypass a potentially reluctant Congress as the states are the only government entity that may both propose and ratify an amendment to the Constitution. We believe that when we get closer to having 34 states pass our resolution, Congress will preempt a proposal of the states by passing a proposal that sets their own terms.
- State Ratification: Regardless of the method of proposal, 38 states must ratify the proposal in order for term limits to be adopted into the U.S. Constitution since there is no national ballot initiative method for enacting term limits on Congress up for a national vote of the people.
The Supreme Court’s ruling in U.S. Term Limits v. Thornton established that the qualifications for serving in Congress are fixed in the Constitution. The Court’s decision was based on the idea that the Constitution is the ultimate source of authority for federal office, and states cannot add to or subtract from those requirements. This means that even if a state’s voters overwhelmingly support term limits, they cannot legally enforce them without changing the foundational document itself. This is why a constitutional amendment, which would directly alter the Constitution’s text, is the only valid way to establish term limits.
The Supreme Court’s ruling in U.S. Term Limits v. Thornton hampered the state-level congressional term limits strategy. This makes it clear that the best viable path forward is a constitutional amendment. By pursuing both congressional and state-led paths, proponents of term limits are working to enshrine this widely supported reform into the U.S. Constitution, ensuring that the will of the people, not the interests of career politicians, dictates the future of congressional service.
Now is the time for we the people to use this gift from our framers. U.S. Term Limits launched its fight for Term Limits Convention applications in state legislatures across this nation. We won’t stop until the job is done.
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.