On March 12, the New Hampshire House of Representatives voted to table HCR 13 — a resolution applying for an Article V Convention for a term limit amendment. The vote was a bi-partisan 189-159.
The Founding Fathers gave us two ways to amend the U.S. Constitution in Article V:
“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…”
Since the ratification of the Constitution, only the first method has been used. We have never held an Article V Convention, and for good reason.
Article V does not give states the power to limit a convention to one issue or a topic. Although Congress has attempted to pass legislation guiding a convention, there are currently no laws or legal guidelines for one, and even if there were, there is no guarantee that they can be enforced.
A term limit amendment sounds appealing at first sight, and even if an Article V Convention could be convened for the sole purpose of proposing a term limit amendment, there are several reasons to oppose one.
While it may “throw the bums out,” it will also throw good legislators out, and will create a lame-duck Congress. It will also not do anything to change the ideological make-up of the voters. Liberal of conservative members of Congress will be “termed out” only to be replaced by those of like-mind.
Term limits could lead to more voter apathy. Don’t like your member of Congress? Not to worry. He or she will be gone in a few years. We already have a problem with voter apathy. In the 2024 general election, only 63.9% of U.S. registered voters turned out to vote. In 2022, only 46.2% turned out. We did a bit better in New Hampshire with 63.9% turning out in 2024 and 56.3% turning out in 2022. Term limit amendment supporters tell us that nearly three-quarters of Americans have an unfavorable view of Congress — and I am one of them. If that is so, it should reflect at the ballot box, but is sure doesn’t in the Granite State.
The amendment will take years before it goes into effect. Supporters warn us of dire consequences if the amendment isn’t passed. All of the proposed term limit amendments I have seen call for two six-year terms for the Senate and six two-year terms for members of the House. Even if we cut that in half, between ratification and implementation, it will still take eight or more years to take effect.
Finally, we already have term limits, which was wisely given to us by our Founding Fathers via frequent elections. Despite intense lobbying over the years by well-funded organizations, the New Hampshire House has repeatedly rejected applications for an Article V Convention. The next step is to rescind its only extant application.
Hal Shurtleff is the director of Camp Constitution, the plaintiff in “Shurtleff v Boston” — a 9-0 U.S Supreme Court decision — and a resident of Alton. He can be reached at campconstitution1@gmail.com.