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House passes Article V measure to limit congressional terms

The Arizona House of Representatives is calling for a convention of states to amend the U.S. Constitution and add term limits to Congress.

In a narrow and bipartisan vote Wednesday afternoon, the House passed HCR4041 in a 31-28 vote, which would add Arizona to the list of nine state legislatures that have already called for an Article V Convention solely for congressional term limits. The measure must still pass in the Senate. 

A convention of states is an alternative way to amend the U.S. Constitution, although it’s never been done. Constitutional amendments have historically been approved by a two-thirds vote in Congress.

“This is exactly the muscle that we were given as state legislators,” said the sponsor of the measure, House Speaker Steve Montenegro, R-Goodyear. “We cannot be afraid to use it.”

The measure has routinely been introduced in the House in recent previous sessions. In 2023, a similar measure failed on the House floor 26-31. For the first time since this measure has been introduced by lawmakers, it is crossing over to the other chamber. 

Rep. Joe Chaplik, R-Scottsdale, said he doesn’t believe term limits would solve the issues that many have taken with Congress.

“Why not address the real problems that this is targeting,” he said. “Money in politics. Heavy lobbyists. Root out the corruption first.”

While many lawmakers in the House support congressional term limits, several don’t want to impose them through a convention of states out of the unpredictability of how state delegations may amend the Constitution if a convention is ever called. 

Rep. Rachel Keshel, R-Tucson, said she believes there are too many risks of calling a convention of states and is seeking guardrails should one ever be called. 

“There is no way that the nature of men, when given absolute power, will change,” said Rep. Khyl Powell, R-Gilbert, who voted against the measure. “I absolutely do not want to put my liberties or your liberties at risk.” 

The U.S. House of Representatives clerk’s office has tracked more than 160 applications for Article V conventions on various subjects. Two-thirds of state legislatures, or 34 states, are required to call a convention. 

The Arizona legislature passed two measures in 2017 calling for a convention of states to lower federal spending below federal revenue and to limit terms of office for Congress members, although the measure passed Wednesday is a single subject for only term limits. 

Rep. Justin Wilmeth, R-Phoenix, voted for the measure but said he hopes a convention is never actually formed. Because a convention of states has never been called in the history of the nation, Wilmeth said he believes Congress would enact term limits itself before 34 states called for a convention. 

“It’s playing chicken,” Wilmeth said. 

Any proposals to amend the Constitution that come out of a convention of states would still need to be ratified by three-fourths of the states. Several lawmakers who supported the measure said this requirement guarantees that a convention can’t successfully go beyond the reason why states formed it. 

“That’s my real concern,” said Rep. James Taylor, R-Litchfield Park. “They won’t come up with an amendment that 38 states will get behind.”

The term limits measure has been pushed heavily by the organization U.S. Term Limits, which has advocated for similar legislation in state capitals across the country. 

Some lawmakers have spoken out against U.S. Term Limits for alleged attempts to intimidate legislators into supporting the measure. 

Keshel said she was informed by U.S. Term Limits that the organization would campaign against her in her primary race for re-election if she didn’t support the measure in 2023. She didn’t, and she attributed former State Rep. Cory McGarr receiving 5,000 more votes than she did in the August primary election to the organization campaigning against her.

McGarr lost to Rep. Kevin Volk, D-Tucson, in the general election, but Volk voted against the term limits resolution. He said he supports term limits and wants to work on faithful delegate legislation like Keshel has proposed.

Rep. Teresa Martinez, R-Casa Grande, accused the organization of bullying her and her colleagues in 2023 when she didn’t support the measure. She has since supported the measure and voted in support of the measure on Wednesday. 

 

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