MATTHEW RHODES | Oppose HCR13

Chairman, Members of the Committee, I oppose HCR 13 not because I support career politicians, but because an Article V convention is a dangerous and unnecessary tool to address that problem. This resolution assumes that a convention can be safely limited to a single issue — congressional term limits. The Constitution does not say that. Article V provides no mechanism for enforcing subject-matter limits once a convention is called. There is no controlling authority, no binding rules, and no enforcement power retained by either Congress or the states. There exist no blueprint to an article V convention or template This is not theory. The only precedent we have — the 1787 Convention — was called for the limited purpose of revising the Articles of Confederation and instead replaced the entire governing framework. James Madison acknowledged this outcome and simultaneously warned in Federalist Nos. 40 and 49 about the dangers of uncontrolled constituent assemblies. Those warnings are directly applicable here. Supporters often argue that the states can stop anything radical during ratification. That argument misunderstands the process. Ratification conventions are not state legislatures. Delegates are selected under state law, which can be changed quickly and influenced politically. Delegate capture is a real structural vulnerability, not a theory. Even assuming good intentions, the risk is asymmetric. If a convention remains limited, nothing is achieved that could not be accomplished through safer means. If it does not remain limited, the consequences are irreversible. Term limits are a policy question. An Article V convention is a structural gamble with the Constitution itself. If Congress is failing, the solution is not to bypass constitutional safeguards by convening an uncontrolled convention, but to use the tools already available — elections, state pressure, and amendments proposed through Congress. States also have the power of Nullification For these reasons, I respectfully urge the committee to find HCR 13 Inexpedient to Legislate. Thank you.