Monday, December 21, 2009

Constitutional Amendment for Congressional Term Limits

Given the recent events in Congress to pass a health care bill in the House of Representatives and the Senate, it is clear that Congress no longer represents the majority of "The People" so The People now must take their country back. The People can take back the country in a variety of peaceful ways. Some of these include:


  • Kicking them out in an election; however, only half of them are up for re-election in the Senate, while all of the seats are up for grabs in the House. Not only that, we have to wait until 2010 for the election.
  • Laws passed by Congress can be challenged in the courts to determine Constutionality. The problem with that is whose going to file the law suit? Whose going to pay for it? Any challenge would be only for the legislation challenged, so there would have to be multiple lawsuits for each piece of legislation. And with politics infused in the Supreme Court, the outcome(s) are uncertain. Law suits maybe the only immediate alternative to health care legislation should it pass, and for other laws and regulations such as EPA's proposed "Greenhouse Gas" blackmail.
  • The only long-term solution as I see it is to amend the US Constitution to prevent any Congress EVER trying something like this again.


So, just how is the US Constitution Amended?

There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used. Reference: http://www.usconstitution.net/constam.html">>>



"The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd)." Although this method is the only one that has been used to amend the Constitution, it seems unlikely that we could get both houses to craft a bill limiting their terms, much less pass each house by two-thirds majority.

"The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about." This method never having been tried will require some smart people to figure out how to get this done, but I believe is the only way to be successful in passing term limits.

"Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment may specify whether the bill must be passed by the state legislatures or by a state convention. See the Ratification Convention Page for a discussion of the make up of a convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, specified a convention. In any case, passage by the legislature or convention is by simple majority."

"The Constitution, then, spells out four paths for an amendment:

•Proposal by convention of states, ratification by state conventions (never used)
•Proposal by convention of states, ratification by state legislatures (never used)
•Proposal by Congress, ratification by state conventions (used once)
•Proposal by Congress, ratification by state legislatures (used all other times)"


It will take years to amend the Constitution, but amend we must. Congress is completely out-of-control; both Parties, Democrats and Republicans. This country was founded by people who were afraid of "big government" and who had personal experience with out-of-control government. They tried very hard to design a system where "The People" would be protected from big government. The Progressives (a misnomer designed to lull the less astute into believing they are what they are not) have been nibbling away at the Constitution for over 80 years. They have been and are being successful while the majority has been asleep at the wheel. It's time to wake up America!

I propose starting by soliciting ideas for the "Congressional Amendment." The following is a straw man:
  1. Congressional terms are limited to Six two-year terms (12 years total) for the House of Representatives, and Two six-year terms (12 years total) for the Senate.
  2. Upon completing the maximum number of terms set by this amendment, House and Senate members may run for election in either house in which they have not previously served for the term prescribed for that house.
  3. House and Senate members may run for the Office of President at any time for the term prescribed by the 22nd Amendment, two four-year terms.
  4. Former or present Congressional members may serve in any position in the Executive Branch for which they are confirmed by the Senate.
  5. Former Congressional members are prohibited from being lobbyist at any time
  6. Any active member of Congress from any state can be recalled in a national election by all eligible voters nationwide. Any member recalled forfeits all congressional retirement and benefits.
  7. End gerrymandering throughout the United States by which electoral district or constituency boundaries (reference: http://en.wikipedia.org/wiki/Gerrymandering)
  8. All congressional pay increases and benefits must be approved by the electorate every two years. Congress shall not enact any law that circumvents this requiretment.
  9. Congress shall not enact any law that does not apply to the Congress and the President, and their staffs. All such laws enacted in the past are null and void.

    "Government is not reason, it is not eloquence — it is force! Like fire, it is a dangerous servant and a fearful master. Never for a moment should it be left to irresponsible action" - George Washington

1 comment:

  1. Very good and informative article.

    Also, I highly suggest each state adopt a Soveriegnty Bill, which 7 have and 30 are pending. If your state won't do this, seriously consider moving. A lot of damage can yet be done in the time it will take an undertaking like the ones proposed here to go through. The other solution I can see is to mandate proper education in schools regarding our actual history as a country, the constitution and what it really means, and how to properly cast an educated vote.

    These are sad days in America, ones I could not even imagine ever seeing. I only hope it's not too late to remedy the situation.

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