Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.C.R. 1048
article V convention; term limits
Purpose
Applies to the U.S. Congress to call an Article V Convention to propose an amendment to
the U.S. Constitution to limit the number of terms a person may serve in the U.S. Congress.
Background
Article V of the U.S. Constitution allows a convention to be called to propose an
amendment to the U.S. Constitution on application of the Legislatures of two-thirds of the states.
Proposed amendments to the U.S. Constitution must be ratified by either: 1) the legislatures of
three-fourths of the states; or 2) conventions in three-fourths of the states. The mode of ratification
may be proposed by the U.S. Congress (U.S. Const., article V).
In 1992, voters approved Proposition 107, which amended the Arizona Constitution to
impose term limits on U.S. Senators and U.S. Representatives. The amendment prohibited
U.S. Senators from serving more than two consecutive terms and U.S. Representatives from
serving more than three consecutive terms (Ariz. Const. art. 7 ยง 18). In 1995, the U.S. Supreme
Court held that state imposition of term limits on Members of U.S. Congress can only be enacted
through a constitutional amendment passed under the procedures set forth in Article V of the U.S.
Constitution (U.S. Term Limits, Inc. V. Thornton, 514 U.S. 779 (1995)).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Applies to the U.S. Congress to call an Article V Convention limited to proposing an
amendment to the U.S. Constitution to limit the number of terms a person may serve as a
Member of the U.S. Senate or a Member of the U.S. House of Representatives.
2. Specifies the application covers the same subject as applications from other states to call for a
convention for term limits on Members of U.S. Congress, but that the application not be
aggregated with any other application on any other subject.
3. Continues the application until the legislatures of at least two-thirds of the states have made
applications on the same subject.
4. Requires the Secretary of State to transmit copies of the resolution to the following individuals,
requesting their cooperation:
a) the President of the U.S. Senate;
b) the Speaker of the U.S. House of Representatives; FACT SHEET
S.C.R. 1048
Page 2
c) the Secretary of the U.S. Senate;
d) the Clerk of the U.S. House of Representatives;
e) the Chairperson of the U.S. House of Representatives Committee on Judiciary;
f) each Member of the U.S. Congress from Arizona; and
g) the presiding officers of the legislative chambers in each state.
Prepared by Senate Research
February 10, 2022
MH/HW/slp