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Article V term‑limits resolution draws sharp debate over convention risk and democratic remedies

House Energy, Technology, and Federal Relations Committee · February 10, 2025
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Summary

HJ 13 would ask Congress to call an Article V convention to propose congressional term limits. Proponents cited bipartisan public support and historical precedent for state pressure; opponents warned of an open convention risk and urged rejection.

Representative George Nikolicakos opened the hearing on House Joint Resolution 13, calling for Montana to join other states in applying pressure on Congress through an Article V convention to secure congressional term limits. "Congress has never been further from the people than today," the sponsor said, arguing that term limits would refresh representation and curb career incumbency.

Opponents, including Ed Regan and others, urged the committee to reject the resolution. They warned a convention call could open the entire Constitution to revision and cited historical cautions from legal scholars. "A constitutional convention is a horrible idea...This is not a vote on term limits; in HJ 13 you're voting for a convention," Regan told the committee, urging skepticism and calling the resolution a vehicle that could produce unintended consequences.

Proponents (including Patrick Yawaki representing tribal communities and Nick Tumbelides of US Term Limits) emphasized overwhelming polling support and framed state calls as a tool that historically has pressured Congress to act. Tumbelides and Ed Walker pointed to prior constitutional amendments (such as the Bill of Rights and the 17th Amendment) which proponents said were prompted by state action and that the prospect of a convention is more likely to encourage Congress to act than to produce a runaway rewrite.

Committee members questioned the mechanics and risks: how a convention call operates, the possibility of rescinding a call, whether the problem is constitutional text or a political/people problem, and whether Congress could adopt term limits that 'grandfather' incumbents. Proponents conceded the debate contains trade‑offs and said the resolution's purpose is to build pressure rather than to prescribe amendment text.

No committee vote occurred during the hearing; the sponsor closed asking for a "due pass" to advance the resolution as another mechanism to push for term limits.