Maine lawmakers may soon be calling on the United States to convene an Article V convention to amend the nation’s Constitution.
Should this effort be successful, amendments concerning term limits for members of Congress and Supreme Court Justices, as well as campaign finance reform, could potentially be on the table.
If enough state legislatures issue similar requests, Article V of the Constitution requires that a convention be held.
In order for one to be called, thirty-four state legislatures — representing at two-thirds of the nation — must pass requesting applications.
Although the resolutions now before the Maine State Legislature specify what kind of amendments the state would ask to be discussed, it is not clear if such a convention could actually be limited to a pre-approved agenda.
Constitutional scholars disagree as to if and how an Article V convention could be constrained in its purpose, as the Constitution is largely silent on the specifics of what such one would look like in practice. An Article V convention has never been held, but both conservative and progressive activists have in recent years advocated for such an convention as a means of achieving drastic reforms that Congress appears unwilling to implement.
SP10 advocates that a convention be called to impose term limits upon both members of Congress and Supreme Court Justices, while SP173 seeks campaign finance reform.
The proposed term limits for senators and representatives were not specified in the joint resolution, but it does articulate that lawmakers are seeking to give Supreme Court Justices staggered term limits of 18 years.
Click Here to Read the Full Text of SP10
The joint resolution pertaining to campaign finance reform explicitly states that its intention to “overturn” the Supreme Court’s 2010 decision in Citizens United v. Federal Election Commission.
It also notes that any amendment proposed ought to “regulate the role of money in elections and governance to ensure transparency, prevent corruption, [and] protect against the buying of access to or influence over representatives.”
Click Here to Read the Full Text of SP173
A 5-4 majority ruled in Citizens United that it would violate the first amendment to limit “independent political spending” by both individuals and corporations.
This ruling ultimately paved the way for the creation of “Super PACs” — or independent expenditure only political action committees — and was aided by the D.C. Circuit Court of Appeals’ subsequent decision in the case of SpeechNow v. FEC.
It was determined in this secondary case that placing any limitations on donations to PACs making only independent expenditures was an unconstitutional under the First Amendment, solidifying the ability of Super PACs to operate as they do today.
Although the Supreme Court found expenditure limits unconstitutional in Citizens United, the Justices did allow for caps on the amount that any one person or company could contribute to a campaign to continue being enforced.
[RELATED: A Closer Look at the Citizens Initiative Aiming to Limit PAC Contributions in Maine]
This is not the first time that Maine lawmakers have considered requesting an Article V convention. During the last legislative session, lawmakers rejected a similar bid to pursue such a convention.
Just as in the proposals brought forward this year, that resolution sought to impose term limits and institute campaign finance reforms.
Although the proposal was ultimately rejected, voting records show that lawmakers were largely divided over whether or not to submit a convention application.
Unlike many of the key bills that go through the state’s legislature, however, support and opposition to the proposal was not neatly divided along partisan lines. While most Republicans supported the resolution and most Democrats opposed it, there were several instances of cross-over, both in the Committee and in the Senate.
[RELATED: Maine Senate Kills “Article V” Convention Bid]
According to Convention of States — an organization that advocates in favor of legislation such as SP10 and SP173 — nineteen states have passed applications an Article V convention beginning with Georgia in 2014.
Both of these joint resolutions will be up for a public hearing before the Veterans and Legal Affairs Committee on Monday, February 24 at 9:30am in Room 437 of the State House. Testimony can also be submitted online at www.mainelegislature.org/testimony.
<span class="dsq-postid" data-dsqidentifier="35467 https://www.themainewire.com/?p=35467">9 Comments
Why? What’s wrong with the normal amendment process that has worked for 250 years? Makes me think they are up something. Call the convention for some stated reason but do something else. No I don’t trust them.
Tho, I agree on limits for congress, just think, 2 terms, then out, they will vote in to receive full retirement with all the bennies for those 2 terms, not going to end up as we would like knowing all the garbage they will toss at the constitution once it’s up for the fix. Democrats just cannot fight fair!
An article 5 Convention of States can only PROPOSE amendments to the constitution. PROPOSED amendments don’t become law until they are ratified by three fourths (38) of the states.
Nobody should fear a runaway convention because no proposed amendment can become law without ratification by 38 states !
Once this wild cat is out of the bag, there is no way to know who it will attack. The demorats control all of the government of Maine and look at the mess they have made. As Wanderer has suggested, the stated reason can be changed to something very different and, “No, I don’t trust them.”
Good start, if the dems want to crack that nut and being that the republicans hold the majority of states and the popular vote lets go whole hog on constitutional changes. Be careful of what you wish for liberals.
I have been preaching against “convention of states” for years. Here is a perfect example of why. “Maine lawmakers may soon be calling on the United States to convene an Article V convention to amend the nation’s Constitution.” LOOK AROUND YOU! ARE THINGS IN YOUR LIFE BETTER? I’m sure ME lawmakers have our best interests at heart, right? BWAAA Ha Ha Ha Ha.
I love the idea. At least try for overturning Citizens United. Our elections shouldn’t be influenced by billionaires and corporations. This has caused irreparable harm and has gotten us into this mess. Tough battle though–the GOP would never win another election without their corporate overloads and campaign influence.
You need to include the UNIONS and the partisan MEDIA alongside the billionaires and corporate interests, all trying to impact our political decisions during each election.
An Article V Convention of State legislatures is by definition, entirely an event by and for the States. It is entirely defined and advanced based on decisions made by the State legislature and the delegation appointed by them at the gathering. These delegates are bound to adhere to the instructions of their State’s legislature “employer” . . . or be replaced immediately (their votes reversed) and be subject to civil penalties or criminal prosecution.