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House sends application urging Article V convention for congressional term limits
Summary
The House passed House Joint Resolution 5,002 applying to Congress under Article V to call a convention limited to proposing congressional term limits; supporters framed the measure as a signal to the federal delegation, while opponents warned of legal vagueness and unpredictable consequences.
The South Dakota House of Representatives voted to approve House Joint Resolution 5,002, an application under Article V of the U.S. Constitution asking Congress to call a convention specifically to propose amendments establishing term limits for members of the U.S. House and Senate.
Representative Rayfield, the sponsor, said the resolution "requests Congress to convene a convention for the sole purpose of term limits" and described the measure as a way for states to send a strong message that term limits are desired. Rayfield told colleagues that the resolution includes an aggregation clause so it may be combined only with other applications addressing congressional term limits.
Opponents, including Representative Jorgensen, warned that an Article V convention is legally vague and carries risks. Jorgensen cited studies and a Congressional Research Service analysis arguing the convention method is untested since 1787 and that there are open questions about delegate selection, scope and whether a convention could be limited to a single topic. Multiple speakers expressed concern the convention process could be used to propose unrelated amendments.
Supporters argued the resolution is a signal to the federal delegation and pointed to public polling cited on the floor showing broad public support for term limits. Representative Heinemann emphasized the high ratification threshold required after a convention, noting 34 states must apply to call a convention and 38 states must ratify any proposed amendment.
On final passage the clerk reported 42 ayes, 24 nays and 2 excused; the resolution was carried. Members on both sides emphasized that the resolution is meant to be narrowly focused on congressional term limits rather than broader changes to the Constitution.
