Second Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. R16-1223.01 Cara Meeker x2044 SJR16-040 SENATE SPONSORSHIP Lundberg, HOUSE SPONSORSHIP Singer, Senate Committees House Committees State, Veterans, & Military Affairs SENATE JOINT RESOLUTION 16-040 Concerning an application to the United States Congress to call a convention under Article V of the Constitution of the United States with the sole agenda of proposing an amendment to the Constitution of the United States to set a limit on the number of terms that a person may be elected as a member of the United States House of Representatives and to set a limit on the number of terms that a person may be elected as a member of the United States Senate. WHEREAS, Article V of the United States Constitution requires the United States Congress to call an amendment-proposing convention upon application of two-thirds of the legislatures of the several states for the purpose of proposing amendments to the United States Constitution; and WHEREAS, A continuous and growing concern has been expressed that the best interests of the nation will be served by limiting the terms of members of Congress; and WHEREAS, The voters of Colorado, through the citizen initiative process, placed on the general election ballot of 1990 a measure to limit the consecutive years of service for several offices, including the offices of United States Representative and United States Senator; and WHEREAS, The voters of Colorado incorporated this limitation into the State Constitution by an approval vote that exceeded 70 percent in the general election of 1990; and WHEREAS, In 1995, the United States Supreme Court ruled in U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995), a five-to-four decision, that the individual states did not possess the requisite authority to establish term limits, or additional qualifications, for persons elected to the United States House of Representatives or the United States Senate; and WHEREAS, It is the solemn duty of the states to protect the liberty of our people, particularly for generations to come, by proposing amendments to the Constitution of the United States through a convention of the states under Article V for the purpose of restraining these and related abuses of power; now, therefore, Be It Resolved by the Senate of the Seventieth General Assembly of the State of Colorado, the House of Representatives concurring herein: (1) The Colorado General Assembly hereby makes an application to Congress, as provided by Article V of the Constitution of the United States of America, to call a convention limited to proposing an amendment to the Constitution of the United States of America to set a limit on the number of terms that a person may be elected as a member of the United States House of Representatives and to set a limit on the number of terms that a person may be elected as a member of the United States Senate. (2) This application shall be considered as covering the same subject matter as the applications from other States to Congress to call a convention to set a limit on the number of terms that a person may be elected to the House of Representatives of the Congress of the United States and the Senate of the United States; and this application shall be aggregated with the same for the purpose of attaining the two-thirds of states necessary to require Congress to call a limited convention on this subject, but shall not be aggregated with any other applications on any other subject. (3) This application constitutes a continuing application in accordance with Article V of the Constitution of the United States of America until the legislatures of at least two-thirds of the several states have made applications on the same subject. Be It Further Resolved, That copies of this Joint Resolution be sent to the President and Secretary of the United States Senate; the Speaker and Clerk of the United States House of Representatives; each member of Colorado's congressional delegation; and to the officers of each of the legislative houses in the several states, requesting their cooperation.